Tenant Not Rent Stabilized Due to High-Rent Vacancy Deregulation

Tenant asked the DHCR to rule on her rent-regulation status. Tenant claimed that she was rent stabilized. The DRA ruled against tenant, who appealed and lost. Tenant moved into the apartment on Dec. 17, 2005, under a lease ending on Dec. 31, 2006. Her initial lease stated that her legal rent was $2,025.11 per month and that she could pay a preferential rent of $1,390 per month under "this lease only," for one year and 15 days. Landlord submitted prior tenant's last renewal lease showing that the legal regulated rent on Nov. 30, 2004, was $1,727.17. Under RGBO No. 37, landlord was entitled to charge tenant a 17.25 percent vacancy increase. This would have resulted in a new legal rent of $2,025.11, the amount charged under the lease. Since this rent was more than $2,000, the apartment was vacancy-deregulated when tenant moved in. Tenant wasn't subject to rent stabilization.

319 East 88th Street: DHCR Adm. Rev. Docket No. ZH410048RT (10/29/13) [2-pg. doc.]