Tenant Who Requested Move to Deregulated Apartment Was No Longer Rent Stabilized

A Bronxville tenant complained to the DHCR of rent overcharge. She lived in a rent-stabilized apartment in landlord's building, and later moved into a different, unregulated apartment in the same building. Tenant claimed that she was still rent stabilized and had been overcharged in the new apartment. The DHCR ruled for tenant and ordered landlord to refund $4,745.

Landlord filed an Article 78 court appeal of the DHCR's decision, claiming that the new apartment wasn't subject to rent stabilization. The court agreed and sent the case back to the DHCR for reconsideration.

The DHCR then ruled for landlord and dismissed the overcharge claim. As the Westchester County court found, tenant initiated the apartment move request, "moved voluntarily" and was notified by landlord in the new lease agreement that the new apartment was deregulated. Tenant submitted no proof that she had moved at landlord's behest. The DHCR noted that there was no legal requirement that landlord obtain written acknowledgment from tenant before tenant's rental status could be changed. 

Alscot Realty: DHCR Adm. Rev. Docket No. MU910001RP (1/10/25)[2-pg. document]