Landlord Proved Apartment Was Deregulated 12 Years Before Overcharge Complaint

Tenant moved into his apartment in 2007 under a five-month lease at a rent of $1,200 per month. In 2017, tenant complained to the DHCR of rent overcharge and improper deregulation of the apartment. Landlord claimed that the apartment became deregulated in 2005 under high-rent vacancy deregulation. The rent was then set at over $2,000 per month, and landlord gave prior tenant a Notice to First Tenant of Apartment Deregulated After Vacancy and filed an exit registration with the DHCR.

The DRA dismissed tenant's complaint, finding that the apartment was properly deregulated in 2005. Tenant appealed and lost. Landlord submitted rent history records proving how the apartment was deregulated in 2005, and there was no indication of fraud. 

Cantor: DHCR Adm. Rev. Docket No. JV410041RT (1/18/22)[6-pg. document]