Vacancy Lease Rent Was over $2,000

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord claimed that tenant wasn't subject to rent stabilization because prior tenant's rent was $2,000. The DRA ruled against tenant, and tenant appealed. Tenant claimed that there was fraud and irregularities in prior landlord's rent registrations. When she first moved in, she was the subtenant of an illusory prime tenant. Tenant also claimed that prior building owner had filed false registrations. The DHCR again ruled against tenant. Tenant admitted that before the illusory tenancy, prior tenant's rent was registered at $2,000 per month. Tenant's first rent was over $2,000 per month. Since tenant's vacancy rent was over $2,000, the apartment was no longer subject to rent stabilization. Tenant's other claims about prior landlord's rent registrations concerned rental periods that were more than four years before the filing of tenant's complaint, and so wouldn't be considered.

Orlandi: DHCR Adm. Rev. Dckt. No. NC4100158RT (2/4/00) [4-pg. doc.]