Apartment Subject to Regulatory Agreement Between Landlord and HPD

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, finding that the apartment was subject to rent stabilization. Tenant appealed and lost. In a prior DHCR ruling, the agency found that a 2015 Regulatory Agreement between landlord and HPD gave landlord the opportunity to exempt initial affordable housing units from rent stabilization after they became vacant. Since the complaining tenant didn't move in until 2017, he wasn't rent stabilized. The DHCR's prior PAR decision finding the apartment to be exempt wasn't appealed and therefore was a final administrative determination that tenant's apartment wasn't rent stabilized. The fact that landlord gave tenant rent-stabilized leases in error didn't create a stabilized tenancy. Rent regulation is in effect by operation of law. 

Matthews; DHCR Adm. Rev. Docket No. MR410011RT (1/28/25)[2-pg. document]