Landlord Proved Apartment Was Lawfully Deregulated in 2010

Tenant complained to the DHCR in 2023 of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the unit had been properly deregulated in 2010 when the legal rent exceeded the $2,000 deregulation threshold. Tenant appealed and lost. In response to tenant's complaint landlord had submitted proof of individual apartment improvements (IAIs) that supported a 1/40th rent increase under DHCR Operational Bulletin 90-10, in effect at the time the work was performed. Landlord submitted a contractor's affidavit that identified the start and end dates for the work, detailed the scope of the work performed, and stated that the contractor was paid in full in the amount of $106,207. Receipts from the contractor also confirmed three payments totaling the claimed amount. And the DHCR found that all of the claimed work qualified as IAIs. Given the proof submitted, it didn't matter that landlord didn't submit cancelled checks.

Filipski: DHCR Adm. Rev. Docket No. MQ410022RT (10/28/24)[4-pg. document]