Apartment Decontrolled Based on Owner Occupancy

January 1, 2002

LVT Number: 15500

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced the initial $600 rent-stabilized rent to $222. Landlord appealed. The apartment had been decontrolled based on owner occupancy prior to becoming rent stabilized. The DHCR ruled for landlord. A prior DHCR decision had determined that prior tenant was prior landlord and so the apartment wasn't subject to rent control. And the DHCR has previously ruled that an apartment that is decontrolled for reasons other than vacancy by a rent-controlled tenant isn't subject to a fair market rent appeal.

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced the initial $600 rent-stabilized rent to $222. Landlord appealed. The apartment had been decontrolled based on owner occupancy prior to becoming rent stabilized. The DHCR ruled for landlord. A prior DHCR decision had determined that prior tenant was prior landlord and so the apartment wasn't subject to rent control. And the DHCR has previously ruled that an apartment that is decontrolled for reasons other than vacancy by a rent-controlled tenant isn't subject to a fair market rent appeal. This is the rule under Rent Stabilization Code Section 2522.3(c)(2).

Charles: DHCR Admin. Rev. Dckt. No. NH210064RO (11/28/01) [2-pg. doc.]

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