Landlord Proved Apartment Was Deregulated

Tenant complained to the DHCR of rent overcharge and improper apartment deregulation. Landlord asserted that the apartment was deregulated in 2009 when the rent was increased from $1,893 to $2,196 after application of a 16 percent vacancy increase. The DRA ruled against tenant, who appealed and lost. Landlord had shown the DRA that the apartment rent exceeded the vacancy deregulation threshold of $2,000 before tenant moved into the unit in 2016. Tenant argued that the DRA should have examined why the apartment rent increased 68 percent, from $934 to $1,571 in 2006. But tenant's mere allegation that there was an illegal rent increase in 2005-2006, three years before the lawful apartment deregulation and eight years before the base rent date resulting from tenant's complaint, didn't make the prior rent increase subject to review. A mere allegation of fraud, without more, was insufficient to warrant review of pre-base date rental events.

Lusardi: DHCR Adm. Rev. Docket No. IS410026RK (3/2/21) [3-pg. doc.]