Apartment Deregulated by Prior Ruling

Landlord applied in 2007 for high-rent/high-income deregulation of tenant's apartment. The DRA terminated the proceeding a few months after filing based on the fact that the DRA had issued a prior order deregulating the apartment on April 11, 2007. Tenant appealed, claiming that her income was below the deregulation threshold, and that she was a 72-year-old widow. The DHCR ruled against tenant. Since the DRA had terminated landlord's 2007 application without making a ruling on the merits, there were no grounds for tenant to file a PAR. In addition, tenant didn't file an appeal of the deregulation order issued in April 2007. The prior deregulation order therefore was binding, and tenant's rent was deregulated.

Sklar: DHCR Adm. Rev. Docket No. VH410010RT (10/4/07) [3-pg. doc.]