Apartment Was Vacancy Deregulated Before Tenant Moved In

Tenant sued landlord for rent overcharge and improper apartment deregulation. She asked for attorneys fees in connection with this complaint.  Tenant moved into the apartment under an unregulated lease on July 15, 2020, at a monthly rent of $4,195.  Landlord asked the court to dismiss the case without trial. The court ruled for landlord. Landlord submitted documentation of a 1998 DHCR order finding that the apartment's legal regulated rent was $1,016 at that time, subsequent lease records, and payment for individual apartment improvements (IAIs), all showing that the apartment was vacancy deregulated at some point before tenant moved in. Since the apartment had been deregulated, there could be no rent overcharge and no reason to award attorney's fees to tenant.

Gourin v. 72A Realty Assoc., LP: Index No. 152698/2022, 2023 NY Slip Op 32587(U)(Sup. Ct. NY; 7/27/23; Goetz, J)