Rent Wasn't High Enough for Vacancy Deregulation

May 13, 2015

LVT Number: #26137

Tenant sued landlord for rent overcharge, claiming that he was subject to rent stabilization. Landlord claimed that tenant was unregulated. The court ruled for landlord and dismissed the case. Tenant appealed and won. Although landlord was entitled to a 20 percent vacancy increase after prior tenant moved out, this didn't result in deregulation of the apartment since the monthly rent at the time that prior tenant vacated was no more than $2,000.

Tenant sued landlord for rent overcharge, claiming that he was subject to rent stabilization. Landlord claimed that tenant was unregulated. The court ruled for landlord and dismissed the case. Tenant appealed and won. Although landlord was entitled to a 20 percent vacancy increase after prior tenant moved out, this didn't result in deregulation of the apartment since the monthly rent at the time that prior tenant vacated was no more than $2,000. A prior stipulation and agreement by tenant not to make any overcharge claim were void because tenant couldn't waive the protections of the Rent Stabilization Law. 

Altman v. 285 West Fourth, LLC: 2015 NY Slip Op 03485 (App. Div. 1 Dept.; 4/28/15; Tom, JP, Sweeny, Manzanet-Daniels, Clark, Kapnick, JJ)

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