Apartment Subject to High-Income Deregulation

Landlord applied for destabilization of tenants' apartment because their monthly rent was over $2,000 and their annual income for each of the past two years was greater than $250,000. The DRA ruled for landlord, and tenants appealed. They claimed that the legal rent for the apartment was less than $2,000 in October 1993. The DHCR ruled against tenants. DHCR Operational Bulletin 94-1 had stated that for high-income deregulation, the rent had to be $2,000 or more as of Oct. 1, 1993. But Local Law 4 later amended the rent stabilization law to remove the Oct. 1, 1993, limitation. Under Local Law 4, the apartment qualifies if the rent is $2,000 or more at any time on or after April 1, 1994. Landlord's application was filed on May 4, 1994, so Local Law 4 applied to tenant's case.

Lipitz-Mehrberg: DHCR Adm. Rev. Dckt. No. IG 410003 RT (10/25/95) [5-page document]