Landlord Claims Apartment Is Deregulated

Tenant asked the DHCR to determine whether he was rent stabilized. Tenant moved into the apartment in July 2006 at a monthly rent of $1,700. Landlord said the apartment was deregulated and showed that the April 2006 registered rent was $2,100. Landlord said the apartment was exempt when tenant moved in because the prior rent was $2,000 or more. The DRA ruled for tenant, finding that landlord had acknowledged that tenant was rent stabilized. Landlord appealed and won. The DRA erred in finding that landlord had acknowledged tenant as rent stabilized. The case was sent back to review the rent history for the four years before the date of tenant's complaint. This will determine whether the apartment was properly deregulated.

Casal: DHCR Adm. Rev.Docket No. VB220037RO (5/23/07) [2-pg. doc.]