Tenant Who Changed Apartments Still Subject to Rent Stabilization

Tenant complained of rent overcharge and unlawful deregulation of his apartment. Landlord claimed that tenant was unregulated because the prior legal rent was $1,936. The DRO ruled for tenant, finding that prior tenant paid a legal regulated rent of $1,300 per month. Tenant had lived in another rent-stabilized apartment in the building for $1,000 per month, then moved into prior tenant’s apartment by agreement with prior landlord. The DRO found that tenant’s legal rent in the new apartment was $1,600, that no rent increase could be collected until tenant was given a renewal lease, and that no rent increase was allowed until landlord filed missing rent registrations for years 2012-2015.

Landlord appealed and lost. Tenant maintained his rent-stabilized status when he moved from one apartment to another in the same building. Tenant paid $1,000 per month in his first apartment. While the 2005 registered rent for both apartments was $1,936, it seemed unlikely that the rent for both apartments was actually the same. The DRO correctly found that tenant remained rent stabilized when he moved into the new apartment at a legal rent of $1,000. Tenant received no lease or lease riders after moving into the new apartment. 

Village Kf2 Associates, LLC: DHCR Adm. Rev. Docket No. DW410009RK (11/1/16) [8-pg. doc.]