Apartment Was Properly Vacancy Deregulated Before Tenant Moved In

Tenant complained of rent overcharge and claimed that her apartment had been improperly deregulated. Tenant relied on an appeals court decision in the case of Altman v. 285 West Fourth LLC and argued that, since prior tenant's last rent regulated rent was below the vacancy deregulation threshold, the apartment didn't become deregulated when tenant moved. The DRA ruled against tenant, who appealed and lost. Landlord showed that, in 2010 a prior rent-stabilized tenant paid $1,767 in rent. When that tenant moved out in March 2011, landlord was entitled to charge the next tenant $2,081 after adding a vacancy increase. The next tenant in 2011 paid $1,295 per month. This rental resulted in vacancy deregulation, even though tenant was charged less than $2,081, since $2,081 was above the vacancy deregulation threshold. And New York's highest court reversed the Altman decision in April 2018, so it didn't matter if the prior rent-stabilized rent was below the deregulation threshold. 

Taubes: DHCR Adm. Rev. Docket No. FV410012RT (5/16/18) [4-pg. doc.]