Roommate of Prior Tenant Was Offered Proper Deregulated Vacancy Lease

Tenant complained in 2016 of rent overcharge and unlawful deregulation of her apartment. The DRA ruled against tenant, who appealed and lost. Tenant moved into the unit in 2020 at a legal regulated rent of $2,249 per month and a preferential rent of $1,342. Tenant had lived with prior rent-stabilized tenant between 1999 and 2001. But when prior tenant moved out, landlord gave tenant a deregulated vacancy lease because the vacancy increase of 18 percent put the apartment rent over the $2,000 deregulation threshold in effect at that time. The DRA noted that the ruling of New York's highest court in Altman v. 285 West Fourth LLC confirmed landlord's right to deregulate the apartment. In her PAR, tenant claimed that landlord received a tax abatement that prevented vacancy deregulation. But tenant offered no proof of this. And the fact that tenant transitioned from being a roommate had no bearing on the deregulation. High-rent vacancy deregulation also applied even though tenant paid less than the amount qualifying for the deregulation threshold.

Wexler: DHCR Adm. Rev. Docket No. GS410051RT (8/1/19) [2-pg. doc.]