Apartment Was Properly Vacancy-Deregulated After J-51 Benefits Ended

Tenant complained in 2017 of improper deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The building received J-51 tax benefits until 2010. Tenant moved into the apartment in November 2014. A 2009 renewal lease for a prior tenant showed a legal regulated rent of $2,057 per month. A later February 2011 vacancy lease for a prior tenant listed a rent of $2,150 per month at a time when the vacancy deregulation threshold was $2,000. Tenant argued that HSTPA amendments to the Rent Stabilization Law should apply to this case so that prior rent history could be reviewed. But HSTPA didn't govern rent overcharge complaints filed before June 14, 2019. And tenant showed no sufficient indicia of any fraudulent scheme to deregulate the unit. A mere pre-base date rent increase wasn't enough to invalidate the base date rent, which here was a free market rent.

Vejzovic: DHCR Adm. Rev. Docket No. JQ110004RT (12/21/21)[3-pg. document]