Prior DHCR Order Reduced Tenant's Rent Below $2,000

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2006. Landlord claimed that tenant's monthly rent was over $2,000, and landlord sought income verification. Tenant pointed out that the DHCR had set tenant's rent at $1,600 per month in a recent prior order. The DRA ruled against landlord. Landlord appealed and lost. In April 2005, the DRA ruled that tenant was rent stabilized and set her rent at $1,600 per month. The DHCR denied landlord's PAR in August 2004. Landlord's court appeal of the DHCR's decision also was denied. The DHCR properly relied on the agency's prior decision that the rent was $1,600 per month in dismissing landlord's application for high-rent/high-income deregulation.

Mortimer: DHCR Adm. Rev. Docket No. UJ410021RO (1/31/07) [3-pg. doc.]