Central Park S. Assocs. v. Haynes

In Central Park S. Assocs. v. Haynes (171 Misc 2d 463 [Civ Ct, NY County]), the tenants took occupancy after vacatur of the prior rent-controlled tenant. The landlord, applying RGB guidelines, increased the rent from $ 1,588.83 to $ 2,144.92. Respondents argued that the exemption from regulation granted to apartments renting at or over $ 2,000 per month did not apply to the first rental following vacatur of a rent-regulated tenant. The court held that upon decontrol the subject apartment simultaneously became subject to the Rent Stabilization Law of 1969 and exempt from regulation because the rent exceeded $ 2,000. However, in Haynes the court was not faced with the necessity of determining whether service and filing of the RR-1 was made since DHCR had issued two prior orders which determined that the apartment was not subject to rent regulation.