Tenant's Apartment Was Properly Vacancy-Deregulated

Tenant complained to the DHCR of rent overcharge and improper deregulation of his apartment. Landlord argued that the apartment had become vacancy-deregulated in March 2012. The DRA agreed and ruled against tenant, who appealed and lost. The DHCR found that the unit was legally and permanently exempt from rent stabilization when tenant's roommate moved into the vacant apartment in 2012 under a one-year vacancy lease with a legal rent of $2,563 per month. This was over the deregulation threshold in effect at that time. This deregulation occurred more than two years before the 2014 base rent date for the case. Tenant argued there had been a fraudulent tenancy that resulted in the apartment's deregulation. But there was no proof of fraud. The apartment had been vacancy decontrolled after a prior rent-controlled tenant moved out. And the landlord never collected more than one vacancy increase within a one-year period. 

Robidoux: DHCR Adm. Rev. Docket No. KP410024RT (10/21/22)[5-pg. document]