DHCR Dismisses Tenant's Claim Following Altman Decision

Tenant complained of rent overcharge and claimed that landlord had improperly deregulated her apartment before she moved in. The DRA ruled against tenant, who appealed and lost. Tenant claimed that landlord committed rent fraud and that, since the prior tenant's last rent was under the vacancy deregulation threshold, her initial rent must be rent stabilized. Tenant relied on an appeals court ruling in Altman v. 285 West Fourth, LLC. But New York's highest court reversed that determination in 2018. And landlord submitted rent history documents showing that prior tenant's last legal regulated rent was $1,820. When a vacancy increase was added to that rent in 2009, the new legal rent was over $2,000, even though landlord charged less. The new tenant's first lease also included a notice entitled Exclusion of High Rent Accommodation. There was no indication of fraud in connection with the apartment deregulation. [Download PDF of decision here.]

Cruz: DHCR Adm. Rev. Docket No. EW410057RT (5/21/18) [4-pg. doc.]