Apartment Vacancy-Deregulated in 2013 Was No Longer Subject to Overcharge Claim

(Decision submitted by Mary D. Milone of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

In 2023, tenant complained to the DHCR of rent overcharge, claiming that her apartment had been unlawfully deregulated. Tenant also filed a lease violation complaint, which the DHCR consolidated with the overcharge claim. The DRA ruled against tenant. She moved into the apartment on June 1, 2020, under a one-year vacancy lease at a monthly market rent of $2,150. Rent history records also showed that the apartment was lawfully deregulated due to high-rent vacancy in 2013, when the monthly rent exceeded the $2,500 deregulation threshold in effect at that time. The DRO terminated the proceeding, finding that the apartment was no longer subject to the rent stabilization law or the DHCR's jurisdiction.

Proano v. 600 West 218th Street Ass'n: DHCR DRO Dckt. No. LV410046R (8/30/24)[3-pg. document]