DRA Didn't Consider Rent Hikes Leading to Disputed Deregulation

Tenant complained of rent overcharge and improper deregulation. The DRA ruled against tenant, finding that the apartment had been deregulated and was no longer subject to rent stabilization. Tenant appealed, and the DHCR sent the case back to the DRA for further consideration. Tenant had claimed in her complaint that there was an unexplained jump in the rent in the years between 2005 and 2008. Because these rent increases led to the apartment rent reaching the deregulation threshold in 2009, and because the DRA failed to investigate these increases, the case must be sent back to the DRA for further consideration. In addition, while tenant's PAR was pending, the Housing Stability and Tenant Protection Act of 2019 was enacted, made effective for cases pending on June 14, 2019, and provided for an extended, six-year base date for rent overcharge proceedings. 

Lusardi: DHCR Adm. Rev. Docket No. HO410020RT (1/23/20) [3-pg. doc.]