Change in Deregulation Thresholds Didn't Apply to 2011 Application

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2011. Landlord claimed that tenant's monthly rent was $2,000 or more and tenant admitted in response to the Income Certification Form that her annual household income exceeded $175,000 in both 2009 and 2010. The DRA ruled for landlord, and tenant appealed. Tenant pointed out that the rent stabilization law was amended in 2011 so that the rent threshold for deregulation was now $2,500 per month. But the law specifically stated that the new threshold applied only to proceedings commenced on or after July 1, 2011. Landlord had filed its application on April 1, 2011, and the deadline for filing was June 30, 2011. So the new, higher, threshold didn't apply to tenant's case.

Burns: DHCR Adm. Rev. Docket No. AM410011RT (5/10/12) [4-pg. doc.]