Apartment Deregulated 10 Years Before Tenant's Complaint

(Decision submitted by Lester Figueroa of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.) Tenant complained to the DHCR of a rent overcharge. Landlord claimed that tenant's apartment was exempt from rent stabilization. The DRA ruled for tenant, found a willful overcharge, and ordered landlord to refund $9,790. Landlord requested reconsideration and won. The apartment had been deregulated due to a high-rent vacancy more than 10 years before tenant moved in. Landlord submitted a sworn statement from the Rent Stabilization Association showing that it had filed an exit registration with the DHCR on landlord's behalf in 1998.

Batista v. Faith Ministries Corp.: DRO Docket No. XG410004RK (11/19/09) [2-pg. doc.]