Landlord Proved Apartment Was Legally Deregulated in 2010

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, finding that the apartment had been vacancy deregulated in a legal manner. Tenant appealed and lost. The prior tenant's last rent-stabilized rent was $1,750 per month in May 2010. After applying a 17 percent vacancy increase, the rent charged to tenant was over $2,000 per month, which was the vacancy deregulation threshold at that time. Application of changes to the rent stabilization law under the Housing Stability and Tenant Protection Act of 2019 (HSTPA) didn't change the result. The DRA had reviewed rent records back to 2009 to make its finding that the apartment was properly deregulated. So there was no need to re-examine the case under the extended six-year rule. And HSTPA provides that apartments legally deregulated prior to June 14, 2019, remained deregulated.  

Wolf: DHCR Adm. Rev. Docket No. HR210044RT (12/11/19) [3-pg. doc.]