Vacant Apartment Deregulated Based on High Rent

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant and found that his apartment wasn't rent stabilized. Tenant appealed and lost. The legal base rent for tenant's apartment was $2,000 per month four years before tenant filed his complaint. Tenant's apartment then became vacant after June 19, 1997. Under the high-rent/vacancy deregulation provisions of the Rent Stabilization Law, tenant's apartment then became exempt from rent stabilization.

Fishman: DHCR Admin. Rev. Dckt. No. PI410033RT (2/6/02) [2-pg. doc.]