Tenant Should Challenge Deregulation Through Overcharge Complaint

Tenant asked the DHCR to rule on whether his apartment was exempt from rent stabilization as a result of high-rent, vacancy decontrol. Tenant did this by filing an "AD" application. The DRA refused to make a ruling, and advised tenant to file a rent overcharge complaint. Tenant appealed, claiming that landlord had falsified the apartment's rent history to make it appear that the apartment had qualified for an exemption from stabilization. Tenant wanted the DHCR to rule on the rent regulation status of the apartment. The DHCR ruled against tenant. AD proceedings are reserved for the processing of applications that concern unusual issues not routinely handled by the DHCR. Whether tenant's apartment qualified for high-rent, vacancy decontrol from rent stabilization required the computation of the legal regulated rent. This issue was best addressed by tenant's filing of a rent overcharge complaint. Landlord had claimed that prior tenant paid a preferential rent but that prior tenant's legal regulated rent was greater than $2,000 per month.

Batista: DHCR Adm. Rev. Docket No. WB420027RT (4/23/08) [2-pg. doc.]