How does the Landlord legally increase the rent to over $2,000 and thereby deregulate a formerly rent controlled apartment?
In assessing whether a decontrolled apartment should be renting for over $2,000, the DHCR will consider the special guideline adopted by the Rent Guidelines Board, rents for comparable apartments submitted by the owner, and rent increases for improvements made by the owner. Under the “vacancy decontrol” provisions of the rent laws, an apartment can be deregulated if the rent increases to $2000 or more (i.e., it will become “market-rate” upon vacancy and the owner can charge whatever he or she wants).