Apartment Properly Deregulated After Vacancy

Tenant complained of rent overcharge. Landlord claimed that the apartment was deregulated. The DRA ruled for landlord and dismissed the complaint. Tenant appealed and lost. Landlord submitted proof of the four-year rent history showing there was no overcharge. On the base rent date, a prior tenant paid $1,049. When that tenant moved out in 2008, landlord paid $22,000 for individual apartment improvements (IAIs) and charged the next tenant a legal regulated rent of $2,015 with a preferential rent of $1,725. Landlord admitted that the $2,015 was too high, but there was no overcharge based on the preferential rent. Landlord charged the next tenant $2,200 with a preferential rent of $1,500 in 2010. At that point, landlord claimed that the apartment was legally deregulated. The complaining tenant moved into the apartment in 2012. There was no attempt by landlord to conceal rental events during the rent history, and landlord filed an exit registration in 2010.

Miller: DHCR Adm. Rev. Docket No. DR210009RT (9/8/15) [4-pg. doc.]