Building Was Substantially Rehabilitated Before Tenant Moved In

Tenant complained of rent overcharge in 2015 and said that his apartment was improperly deregulated and no longer registered. The DRA ruled against tenant after the DHCR ruled in a separate proceeding in September 2016 that the building had been substantially rehabilitated. Tenant appealed and lost. Tenant argued that the building couldn't be made deregulated retroactively. He said he signed an initial lease in July 2014, that the apartment was rent stabilized at that time, that the building showed up on a computer housing search as a rent-regulated building, that the last registered rent in 2002 was $461 per month, and that landlord filed no rent registrations between 2003 and 2014. But tenant didn't appeal the separate DRA order that the building was exempt from rent stabilization, which ruled that the building was exempt as of July 2011. This was three years before tenant moved in. So rental events prior to 2011, including missing apartment registrations, had no effect.

SME Capital Ventures LLC: DHCR Adm. Rev. Docket No. EX410049RT (4/18/17) [2-pg. doc.]