Tenant Subject to Deregulation Upon Lease Expiration

November 13, 2012

LVT Number: #24409

Landlord applied in 2010 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord after tenant admitted that her household income was above the deregulation threshold during both 2008 and 2009. Tenant appealed and lost. Tenant claimed that the effective date of deregulation should be Sept. 30, 2013, not Sept. 30, 2011, because the lease in effect when the DRA's order was issued was the two-year renewal lease she signed and returned to landlord before Oct. 1, 2011.

Landlord applied in 2010 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord after tenant admitted that her household income was above the deregulation threshold during both 2008 and 2009. Tenant appealed and lost. Tenant claimed that the effective date of deregulation should be Sept. 30, 2013, not Sept. 30, 2011, because the lease in effect when the DRA's order was issued was the two-year renewal lease she signed and returned to landlord before Oct. 1, 2011. But, by law, the DRA's order is effective as of the expiration of the existing lease in effect when the order is issued.

Hurwitz: DHCR Adm. Rev. Docket No. AM410018RT (9/20/12) [6-pg. doc.]

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