Tenants Claim Legal Rent Less Than $2,000 per Month

LVT Number: #22165

Landlord applied for high-rent/high-income deregulation of tenants' apartment in 2008. The DRA ruled for landlord after tenants admitted that their household income was greater than $175,000 in each of the two prior years. Tenants then appealed, claiming that landlord violated the Rent Stabilization Law and prior DHCR harassment findings by failing to offer tenants a rent-stabilized renewal lease since their last lease expired in October 1992. They said that their legal rent should be less than $2,000 per month.

Landlord applied for high-rent/high-income deregulation of tenants' apartment in 2008. The DRA ruled for landlord after tenants admitted that their household income was greater than $175,000 in each of the two prior years. Tenants then appealed, claiming that landlord violated the Rent Stabilization Law and prior DHCR harassment findings by failing to offer tenants a rent-stabilized renewal lease since their last lease expired in October 1992. They said that their legal rent should be less than $2,000 per month. The DHCR ruled against tenants, but a court later sent the case back to the DHCR for reconsideration. The DHCR revoked its prior ruling and sent the case back to the DRA to recalculate the legal regulated rent and determine whether the apartment qualified for high- income rent deregulation.

Drucker: DHCR Adm. Rev. Docket No. WF410010RP (6/18/09) [3-pg. doc.]

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