NYS DHCR Office of Rent Administration, Overcharge R-PAR Orders (July 1 - Sept 29 2025, Part 2)

Neither the owner's subsequent offer of a renewal lease, or the owner's alleged subsequent
registration of the apartment as rent stabilized rendered the apartment stabilized. The regulation
status of an apartment is based on the operation of law, and the acts or omissions of parties do not
change the regulated status of such apartment. The apartment was properly deregulated by operation
oflaw in 2006 upon vacatur of the then rent ~tabilized tenants when the legal rent exceeded the then
threshold for deregulation. Subsequent acts or omissions of the owner cannot change the rent
regulated status of the legitimately deregulated apartment. Because the apartment was properly and
permanently deregulated in 2006, this Agency does not have jurisdiction over the apartment and the
Commissioner accordingly i~ without authority to investigate the tenant' s allegations of owner
misconduct after such deregulation. It is noted that an apartment that was legitimately deregulated
prior to the enactment of the Housing Stability and Tenant Protection Act in 2019, such as the
subject apartment, remains deregulated (See Regina Metro. Co. LLC v. DHCR. 35 NYJd 332, (Ct
App 2020)).

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 PAR Docket No. NP410028RT

For the above-outlined reasons, the RA was correct to find that the apartment was
deregulated in 2006.

THEREFORE, in accordance with the Rent Stabilization Law and Code, it is

ORDERED, that the petition for administrative review is denied and that the Rent Administrator's
order is affinned .

. ISSUED:
SFP 1 0 ?025

Deputy Commissioner

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Di\'ision or llnusin~ and Community Rl'ncwal
Ol1ici: of Rent Adrrnnismnion
Gertz Plaw. 92-J I Union l·lt,11 Street
Jamaica. NY I 1433
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