Rent-Stabilized Apartment Was Improperly Deregulated

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant, finding that the apartment was rent stabilized and ordering landlord to refund a total overcharge of $827, including interest. Landlord appealed and lost. Tenant moved into the apartment on March 1, 2012, under a one-year lease at $1,500 per month. The base rent date was September 2012, four years before tenant complained of rent overcharge. Landlord failed to prove that the apartment rent had reached the high-rent vacancy deregulation threshold of $2,500 before tenant moved in. Landlord claimed the legal rent was more than $1,500 on March 1, 2012, but landlord failed to preserve a higher rent in the lease.

Russley Co. Inc.: DHCR Adm. Rev. Docket No. GR410018RO (5/29/19) [3-pg. doc.]