Legal Rent over $2,000 per Month

April 1, 2002

LVT Number: 15749

Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord, finding that the legal rent for the apartment wasn't $2,000 or more on the date that the income certification form was sent to tenant. Landlord appealed, pointing out that tenant paid a preferential rent of $1,826.83, but the legal regulated rent was $2,013.36. The DHCR ruled for landlord.

Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord, finding that the legal rent for the apartment wasn't $2,000 or more on the date that the income certification form was sent to tenant. Landlord appealed, pointing out that tenant paid a preferential rent of $1,826.83, but the legal regulated rent was $2,013.36. The DHCR ruled for landlord. Under the Rent Stabilization Code, if tenant pays a preferential rent, the legal regulated rent is the nonpreferential rent. The case was sent back for processing of landlord's application.

Central Park W., LLC: DHCR Admin. Rev. Dckt. No. PE410026RO (2/28/02) [2-pg. doc.]

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