Tenant's Apartment Was Vacancy Deregulated in 2002

A New Rochelle tenant filed a complaint with the DHCR seeking a rent reduction based on a reduction in required services. In response, landlord argued that the apartment wasn't rent stabilized. The DRA then notified the parties and opened a separate administrative proceeding to determine tenant's rent regulatory status. The DRA found that the apartment had been deregulated.

Tenant appealed and lost. Landlord had submitted to the DRA rent history records showing that the prior tenant's rent-stabilized rent was $1,793 on Oct. 1, 2002. With the 20 percent vacancy allowance lawfully collected in tenant's vacancy lease, the legal rent was above the $2,000 vacancy deregulation threshold in effect at that time. Lease riders given to tenant explained the deregulation, which also was reflected in DHCR rent registration records. The DRA correctly determined that the apartment had been lawfully deregulated under the Emergency Tenant Protection Regulations. The tenant's service reduction complaint also was dismissed. 

Cumberbatch: DHCR Adm. Rev. Docket No. IX910023RT (4/29/22)[5-pg. document]