Landlord Claims Legal Rent Is More than $2,000 per Month

Landlord applied for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DRA ruled against landlord, finding that tenant's maximum collectible rent was less than $2,000 on the date that the Income Certification Form was delivered. Landlord appealed, claiming that the DRA relied on records that were incorrect. Landlord pointed out that a prior agency order set the maximum collectible rent at $323 as of Jan. 1, 1975. If this number was used to calculate future rent increases, tenant's rent was over $2,000 in 2007. The DHCR reopened the case in response to landlord's PAR. It appeared that the DRA didn't consider the prior agency order issued in 1976 in determining tenant's current legal rent. The case was sent back to the DRA for further fact-finding.

144 West Corporation: DHCR Adm. Rev. Docket No. VJ420107RO (2/1/08) [3-pg. doc.]