Deregulated Apartment Remained Exempt Even If Rent Went Below Deregulation Threshold

Unregulated Nassau County tenant complained that she was rent stabilized. Landlord argued that the apartment had been vacancy deregulated by 2007 and was therefore exempt from the ETPA. The DRA ruled against tenant and dismissed her complaint. Tenant appealed and lost. Landlord had submitted lease records from 2002 through 2007, showing that the monthly legal regulated rent for the apartment was $2,515 as of 2007. So, the apartment was vacancy deregulated by the time tenant moved in in 2012. The fact that tenant paid less than $2,000 per month didn't matter. Once the apartment rent reached the vacancy deregulation threshold, any rent charged after that is a free-market rent and the apartment remains deregulated.

St. Gerard: DHCR Adm. Rev. Docket No. GP710068RT (2/19/19) [3-pg. doc.]