Landlord Claims Tenant Is Unregulated

Tenant complained to the DHCR of a reduction in services because there was no heat in his bathroom. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant's apartment was unregulated and therefore it was improper for the DRA to reduce tenant's rent. The DHCR ruled against landlord. The last year that tenant's apartment was registered with the DHCR was 2013. But landlord had submitted no proof that the apartment had been deregulated. In addition, the DRA on its own opened an administrative proceeding to determine whether the apartment was deregulated. So the issue of the apartment's status would be formally resolved in the DHCR's "AD" proceeding.

Pelham 1540, LLC: DHCR Adm. Rev. Docket No. EU610021RO (6/2/17) [2-pg. doc.]