DHCR Must Re-examine Whether Apartment Was Properly Deregulated

Tenant complained of rent overcharge and claimed that he was improperly deregulated. The DRA ruled against tenant, finding that the base date rent was $2,000 per month in 2009, was above the deregulation threshold at that time, and therefore wasn't subject to challenge. Tenant appealed, and the DHCR denied his PAR. Tenant then filed an Article 78 court appeal. The court sent the case back to the DHCR to determine the apartment's rent regulatory status. The DHCR accepted the court's decision and sent the case back to the DRA to determine the apartment's rent regulatory status.

Meyer: DHCR Adm. Rev. Docket No. GM410004RP (2/9/18) [3-pg. doc.]