Can the Landlord Increase the Rent Following the Vacation by a Rent-Regulated Tenant ?
Petitioner's reliance on Central Park S. Assocs. v. Haynes (171 Misc 2d 463 [Civ Ct, NY County]) is misplaced.
In Haynes, the tenants took occupancy after vacatur of the prior rent-controlled tenant. the landlord, applying Rent Guidelines Board (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 the Division of Housing and Community Renewal (DHCR) had issued two prior orders which determined that the apartment was not subject to rent regulation.
These orders could not be collaterally attacked in a Civil Court proceeding. (Chatsworth 72nd St. Corp. v. Rigai, 71 Misc 2d 647 [Civ Ct, NY County 1972], affd 74 Misc 2d 298 [App Term, 1st Dept 1973], affd 43 AD2d 685 [1st Dept 1973], affd 35 NY2d 984 .)