Tenant's Legal Rent Is Below $2,000 per Month

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled against landlord because there was no proof that tenant's legal rent was $2,000 or more per month. The DHCR's records showed that tenant's rent-controlled rent was $625 per month in 1976, but that landlord had not applied for any further MBR increases. Landlord appealed, and the court sent the case back for further review. Landlord submitted some proof that there were MBR increases after 1976. But tenant had claimed a rent overcharge. The DRA ruled for tenant and found that tenant's MCR was $1,391 as of Jan. 1, 2006. Landlord appealed and lost. After calculating all of the applicable MBR increases granted since 1976, the DRA had correctly determined tenant's legal rent. Tenant's rent was less than the amount required for deregulation to be considered.

158-160 West 76th St., LLC/Arnold: DHCR Adm. Rev. Docket Nos. UG420004RO & UG420007RT (11/21/06) [12-pg. doc.]