Tenant Deregulated Since Prior Tenant's Rent Was More Than $2,000 in 2008

Tenant complained of rent overcharge and claimed that he was unlawfully deregulated. The DRA ruled against tenant as deregulated. The DRA found that: (1) the base rent date was Dec. 2, 2011; (2) in 2008, the prior tenant's legal regulated rent was more than $2,000 per month; and (3) when tenant moved into the apartment in 2012 he was deregulated because the prior rent was $2,000. Tenant appealed and lost. Tenant argued that the deregulation threshold was $2,500, not $2,000, because tenant moved into the apartment after the deregulation threshold was increased to that amount. But the rent level for deregulating an apartment is the level in effect at the time of the deregulation. Tenant didn't receive the benefit of a higher threshold if the apartment was already deregulated at the prior threshold level. 

Ahmed: DHCR Adm. Rev. Docket No. FP910057RT (2/28/18) [5-pg. doc.]