Code Change Not Applied to Deregulation Claim

June 30, 2002

LVT Number: 15960

Landlord claimed that an apartment was no longer rent stabilized because of high-rent deregulation. The DHCR ruled against landlord. The Rent Stabilization Code provisions in effect at the time excluded vacancy and guidelines increases in calculating the apartment's rent for purposes of the $2,000 high-rent deregulation threshold. Landlord appealed, claiming that a code change put into effect after the DHCR decided the case should be applied to deregulate the apartment. The court and appeals court ruled against landlord. The code change didn't apply to landlord's case.

Landlord claimed that an apartment was no longer rent stabilized because of high-rent deregulation. The DHCR ruled against landlord. The Rent Stabilization Code provisions in effect at the time excluded vacancy and guidelines increases in calculating the apartment's rent for purposes of the $2,000 high-rent deregulation threshold. Landlord appealed, claiming that a code change put into effect after the DHCR decided the case should be applied to deregulate the apartment. The court and appeals court ruled against landlord. The code change didn't apply to landlord's case.

12 E. 86th St. LLC v. DHCR: NYLJ, 6/10/02, p. 20, col. 1 (App. Div.1 Dept.; Tom, JP, Andrias, Saxe, Ellerin, Wallach, JJ)

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