Landlord Proved Lawful Vacancy Deregulation of Apartment

Unregulated tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled against tenant, finding that the apartment was deregulated. Tenant appealed and lost. The base rent date for tenant's complaint was December 2011, four years before she filed the complaint. Landlord showed that the apartment was lawfully deregulated due to high-rent vacancy in 2006, when the apartment rent exceeded $2,000 per month. The case didn't give rise to a colorable claim of fraud. Landlord also presented sufficient proof of individual apartment improvements (IAIs) done in 2005. Contrary to tenant's claim, a licensed contractor didn't have to perform the IAIs and no DOB filings were needed. Landlord's lease records also matched the last few rent-stabilized rent registrations.

Bazan: DHCR Adm. Rev. Docket No. GT410013RT (2/27/19) [5-pg. doc.]