Formerly Rent-Stabilized Tenant Moved into Deregulated Apartment

Tenant complained of a rent overcharge. The DRA ruled against tenant because his apartment was deregulated on the base rent date, four years before he filed his complaint. Tenant appealed, claiming fraud by landlord. He also claimed that he should have remained rent stabilized because he had previously occupied another rent-stabilized apartment in the building. The DHCR ruled against tenant. Tenant lived in another apartment while rent stabilized and paid over $2,000 per month. Landlord let tenant move into another apartment after it was renovated and gave tenant a deregulated lease. The initial lease gave tenant the option to renew for two years at a 3 percent increase. After that, landlord increased tenant's rent to $4,300. There was no proof of any fraud and no proof of any agreement that tenant would remain subject to rent stabilization when he switched apartments. Because tenant's apartment was deregulated on the base date, the DHCR couldn't consider his overcharge claim.

Ryan: DHCR Adm. Rev. Docket No. VB410009RT (4/12/07) [6-pg. doc.]