DHCR Won't Decide Landlord Application to Determine Whether Apartment Is Deregulated

Landlord asked the DHCR to determine whether a particular apartment was exempt from rent stabilization. Landlord claimed that the apartment should be exempt based on high-rent deregulation. The DRA dismissed the application without making any decision. Landlord appealed and lost. The DRA acted properly by terminating the proceeding without action. An apartment is deregulated based on high-rent vacancy deregulation by operation of law if the facts warrant deregulation. No application to the DHCR is provided for or required to effect high-rent vacancy deregulation. Unless the amount of rent charged is challenged, the DHCR isn't required to issue an order concerning the legality of the rent charged. But landlord should keep rent history records for the apartment sufficient to show entitlement to deregulation in the event of a complaint.

City 5 Consulting: DHCR Adm. Rev. Docket No. FQ210009RO (11/17/17) [2-pg. doc.]