No Overcharge Where Apartment Was Properly Vacancy Deregulated

Tenant complained of improper apartment deregulation and rent overcharge. The DRA ruled against tenant, finding that the apartment was exempt from rent stabilization due to high-rent vacancy deregulation in 2011. Tenant appealed and lost. The DRA reasonably found that landlord proved it performed individual apartment improvements (IAIs) costing over $58,000. Landlord submitted affidavits and invoices. DHCR inspection confirmed the work. Landlord also had registered the apartment contemporaneously since at least 1996 and proved the basis for a 16-year longevity increase. There was no reason to freeze the apartment rent at any time. 

Keelan/Pellegrino: DHCR Adm. Rev. Docket No. HO410015RT (7/27/20) [6-pg. doc.]