Apartment Was Vacancy-Deregulated in 2009 Based on Gut Renovation

Tenant complained to the DHCR in August 2019 of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated in 2009. Tenant appealed and lost. Landlord's rent history records showed that the apartment's rent-stabilized rent was $841.32 in 2007. When that tenant moved out in 2008, landlord completed individual apartment improvements (IAIs) costing $58,570. That, along with the statutory vacancy increase then in effect, brought the legal regulated rent up to $2,440.18 in February 2009, resulting in vacancy deregulation. When the complaining tenant moved into the unit in 2017, it was no longer rent stabilized. Contrary to tenant's claim, landlord fully documented the gut renovation of the apartment at the claimed cost.

Halili: DHCR Adm. Rev. Docket No. MQ210016Rt (10/30/24)[4-pg. document]