Apartment Deregulated by High-Rent Vacancy After Base Date

Tenant complained of rent overcharge. The DRA ruled against tenant, finding that the apartment had been deregulated during the four years before tenant filed his complaint. Tenant appealed and lost. Tenant questioned the 2006 base date rent paid by prior tenant. That lease stated that prior tenant’s legal rent was $1,722.23 and $1,150 was the preferential rent paid. Both of these rents were registered in 2006. Since the base date lease provided for a preferential rent, the DRA also requested, and landlord submitted, a copy of the lease that immediately preceded the one in effect on the base date. The pre-base date lease set forth a legal regulated rent of $1,472 and a preferential rent of $993. When the statutory vacancy increase was added to this rent, it equaled the base date rent of $1,722.23. Following the base date rent, there was a vacancy and the next legal rent was over $2,000. So the apartment was deregulated.

Trainer: DHCR Adm. Rev. Docket No. BQ410001RK (7/28/15) [3-pg. doc.]