Two Apartments Combined
LVT Number: 14960
Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed and won. Landlord showed that in 1991, two apartments were combined into a new apartment. The new apartment remained vacant until 1996 when tenant moved in at a first monthly rent of $2,700. Since the apartment was vacant four years before tenant filed her rent overcharge complaint in 1998, the first rent set in 1996 was the legal rent and there was no overcharge. However, the apartment was subject to rent stabilization. High rent/vacancy deregulation applies only to apartments that became vacant on or after July 7, 1993, with rents over $2,000 per month. In this case, the apartment became vacant before that date. So there was no deregulation.
2751127 Canada Inc./Bluestone/Roeser: DHCR Adm. Rev. Dckt. Nos. NF410022RO, NF410036RO, NF410018RT, and NF410035RO (3/20/01) [4-pg. doc.]