Rent Reduction Complaint Denied for Deregulated Tenant

Tenant complained to the DHCR of a reduction in services after a fire occurred on the top floor of the building in June 2016. Tenant also had filed a rent overcharge complaint that was pending before the DHCR. Landlord argued that tenant's apartment was deregulated at the time tenant moved in. The DRA agreed with landlord and dismissed the complaint.

Tenant appealed and lost. In July 2018, the DRA had denied tenant's overcharge claim based on the 2018 decision of New York's highest court in Altman v. 285 West Fourth LLC. In Altman, the Court ruled that those apartments vacated between 1997 and 2011 that had legal regulated rents of $2,000 or more (inclusive of a 20 percent vacancy increase), would be considered luxury-deregulated when the next tenant moved in. And, in this case, tenant's legal regulated rent on Sept. 15, 2012 was $2,500. The prior rent was $2,256, and the new deregulated rent was $2,628.

Nicholas: DHCR Adm. Rev. Docket No. GT410017RT (2/19/20) [3-pg. doc.]