Landlord Proved Rent Was at Least $2,000 per Month

July 31, 2008

LVT Number: #20643

Landlord applied for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DRA ruled against landlord, finding that tenant's rent was less than $2,000 per month. Therefore, landlord couldn't seek deregulation. Landlord appealed. Landlord showed that the maximum collectible rent for tenant's apartment was more than $2,000 per month. The MBR stated in the DHCR's rent history report as of April 1, 1996, was incorrect. This was shown by comparing this report with the DHCR's own rent-control record cards and the MBR Master Building Rent Schedules.

Landlord applied for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DRA ruled against landlord, finding that tenant's rent was less than $2,000 per month. Therefore, landlord couldn't seek deregulation. Landlord appealed. Landlord showed that the maximum collectible rent for tenant's apartment was more than $2,000 per month. The MBR stated in the DHCR's rent history report as of April 1, 1996, was incorrect. This was shown by comparing this report with the DHCR's own rent-control record cards and the MBR Master Building Rent Schedules. The error was carried forward to future changes to the rent. The case was sent back to the DRA for further processing.

Ten Sheridan Associates LLC: DHCR Adm. Rev. Docket No. VK420100RO (6/17/08) [3-pg. doc.]

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