Apartment Was Vacancy-Deregulated Before Complaining Tenant Moved In

Tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $4,058, including triple damages. However, since tenant owed back rent more than that amount when the order was issued, no money was owed to tenant.

Landlord appealed and won. Landlord had submitted lease records showing that the apartment was vacancy-deregulated in 2008 under a prior tenancy. So there could be no finding of rent overcharge for the complaining tenant, whose base date rent was in 2014.

David Weiss, LLC: DHCR Adm. Rev. Docket No. KX210015RO (4/3/23)[3-pg. doc.]