Tenant's Rent Was Below $2,000 Per Month

Landlord applied in 1996 for high-rent/high-income deregulation of tenant's apartment. Landlord claimed that the apartment rent was $2,000 or more per month and that tenant's annual household income in 1994 and 1995 was at least $250,000. The DRA ruled for landlord based on tenant's failure to answer landlord's application. Tenant appealed, claiming that her annual income was below the $250,000 threshold and that a DHCR rent reduction order had reduced her rent to below $2,000. The DHCR ruled for tenant. It's DHCR policy that outstanding rent reduction orders will be considered in determining whether the monthly rent is $2,000 or more. Tenant's rent was reduced by a 1995 DHCR order to an amount below $2,000. In January 1997, the DRA denied landlord's application to restore tenant's rent and no further rent restoration applications had been filed. So, at all times while landlord's deregulation application was pending, tenant's rent was below $2,000.

Stalker-Wilde: DHCR Adm. Rev. Dckt. No. LA410003RT (6/12/98) [3-page document]