Former Super's Apartment Improperly Deregulated

Tenant complained of a rent overcharge. Landlord claimed that tenant was deregulated. The DHCR ruled for tenant, landlord appealed, and the court sent the case back to the DHCR for reconsideration. The DHCR looked at rent history records predating the four-year base date for rent overcharge in order to determine the apartment's rent stabilization status. In April 2000, the apartment was listed as rent stabilized on the annual rent registration with a legal rent of $698. But at that time the apartment was temporarily exempt because it was occupied by the building super. Landlord then terminated the super's job and gave him a lease for the apartment. That lease listed the rent as $900 per month but also contained a notation that the unit was "exempt" with a "legal rent" of $2,000. The super later vacated, and tenant moved into the apartment on April 1, 2001, at a monthly rent of $1,095. The 2001 apartment registration listed tenant at this rent amount. Tenant's subsequent leases listed the apartment as exempt from rent stabilization. But the legal regulated rent never equaled or exceeded $2,000 per month, so the apartment was never deregulated. Total rent overcharges were $16,000, including triple damages.

Kwik Realty LLC/Wishart: DHCR Adm. Rev. Docket No. AM410002RP (9/26/12) [9-pg. doc.]