Landlord Proved Apartment Was Vacancy Deregulated

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, finding that the apartment wasn't subject to rent stabilization. Tenant appealed and lost. In response to the complaint, landlord submitted to the DRA leases dating back to Jan. 1, 2001, and showed that the unit was properly registered at that time. The last legal rent at that time was $1,366. Landlord submitted extensive documentation, following vacancy of that prior tenant, for individual apartment improvements (IAIs) to the apartment costing $88,000. The last legal regulated rent was increased by a 14-year longevity increase, a 20 percent vacancy increase, and 1/60th of the IAI costs. This yielded a new monthly rent of $3,220. Since that rent exceeded the threshold for high-rent vacancy deregulation, the apartment was no longer rent stabilized and tenant's complaint was properly dismissed.

Weinbrown: DHCR Adm. Rev. Docket No. GS210013RT (2/21/20) [6-pg. doc.]