Apartment Remained Rent Stabilized Due to 1993 Rent Reduction Order

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed that she was rent stabilized and pointed out that the DHCR had issued a rent reduction order in 1993, which remained in effect since landlord never filed an application to restore rent. The court noted that under Rent Stabilization Law Section 26-514 and Rent Stabilization Code Section 2523.4(a)(1), landlord generally was barred from collecting any rent increase while the rent remained frozen due to the rent reduction order. Tenant argued that since the rent reduction order froze the rent at $650 per month, the apartment couldn't have been deregulated. The court ruled for tenant and dismissed the case. The rent reduction order froze the rent, so the rent amount of $1,450 per month stated in the nonpayment petition was incorrect. The petition also improperly asserted that the apartment was deregulated since 2008. 

Ollie Associates LLC v. Devis: 68 N.Y.S.3d 433, 2017 NY Slip Op 27396 (Civ. Ct. Bronx; 12/4/17; Lutwak, J)