NYS DHCR Office of Rent Administration, Overcharge R-PAR Orders (July 1 - Sept 29 2025, Part 1)

As to the !Als, the owner submitted an affidavit of the contractor stating that he
performed a gut renovation ofthe subject apartment at a total cost of$75,875.00 and was paid in
full by the owner. The owner also submitted Department of Building work permits and an
itemized contractor invoice and some of the checks payable to the contractor. The
Commissioner finds such evidence supported the IA! rent increase and was not a
misrepresentation of expenses as alleged by petitioner. While the contractor.invoice is not fully
itemized (except for items covered by a work change order) and not all ofthe checks were
provided, the Commissioner finds that the contractor affidavit sufficiently provides that the
contractor was paid in full and details the gut renovation of the subject apartment. The
. Commissioner notes that while the owner claimed $75,875.00 in !Als and the RA allowed only
$73,875.00 (possibly in error), either amount was sufficient to deregulate the apartment.

Th apartment became deregulated by operation of law once the rent surpassed the
deregulation threshold in February 2019. The tenant's allegation that the previous tenant's lease
showed a net rent of $2,500.00 per month is without merit. The lease indicated a monthly rent of
$3,000.00 and, even if the owner did charge that tenant a rent below the threshold, same would
not affect the deregulation. The lack of a purported "deregulation notice" as alleged by the
petitioner also does not invalidate the deregulation.

The Commissioner notes that under HSTPA apartments that were legally deregulated
prior to June 14, 2019 shall remain deregulated.

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NM410015RT