Tenant Claims Monthly Rent Wasn't Legally $2,000 or More

December 1, 1999

LVT Number: 13739

Landlord applied in 1998 for high-rent/high-income deregulation of tenant's apartment. Landlord claimed that the legal rent for the apartment was $2,000 or more and that tenant's household income was greater than $175,000 for the prior two years. State tax records showed that tenant's household income was above the threshold, but tenant claimed that the legal rent was less than $2,000. The DRA ruled for landlord, and tenant appealed. The DHCR ruled against tenant. The legal registered rent for the apartment was over $2,000 when landlord applied for deregulation.

Landlord applied in 1998 for high-rent/high-income deregulation of tenant's apartment. Landlord claimed that the legal rent for the apartment was $2,000 or more and that tenant's household income was greater than $175,000 for the prior two years. State tax records showed that tenant's household income was above the threshold, but tenant claimed that the legal rent was less than $2,000. The DRA ruled for landlord, and tenant appealed. The DHCR ruled against tenant. The legal registered rent for the apartment was over $2,000 when landlord applied for deregulation. Tenant claimed she was overcharged when she moved into the apartment in 1991. But tenant never filed a rent overcharge complaint and would be barred by the four-year time limit from challenging the 1991 rent.

Proshansky: DHCR Adm. Rev. Dckt. No. NB410048RT (10/18/99) [3-pg. doc.]

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