Apartment Was Vacancy Deregulated Before Tenant Moved In

Tenant complained to the DHCR of rent overcharge and claimed that his apartment had been improperly deregulated. The DRA ruled against tenant, who appealed and lost. When tenant moved in on April 15, 2016, he paid rent at $1,780 per month. The DRA found that the apartment had become vacant on or after June 24, 2011, with a rent level of $2,500 or more per month. Therefore, the apartment had been legally deregulated prior to tenant's occupancy. Contrary to tenant's argument, the fact that landlord's attorney mistakenly stated that the premises was rent stabilized in a housing court proceeding didn't convey rent-regulated status to tenant. There also was no proof that the October 2012 vacancy lease was fraudulent. And the fact that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) changed the lookback period for overcharge claims to six years also didn't change the result, since the DRA had already reviewed rent records back to 2008 to determine that the apartment had been lawfully deregulated. 

Meehan: DHCR Adm. Rev. Docket No. HQ410003RT (12/10/19) [3-pg. doc.]