Apartment Decontrolled Based on Owner Occupancy

Rent-stabilized tenant filed a fair market rent appeal before April 1, 1984. The DHCR ruled against tenant, finding that the rent wasn't subject to a fair market rent appeal. Tenant appealed and lost. Tenant's first lease began on Oct. 1, 1971. Before that, the apartment was owner-occupied. Under the Rent Stabilization Code, an apartment that was previously owner-occupied was decontrolled and wasn't subject to a fair market rent appeal when it became subject to rent stabilization.

Tiger: DHCR Adm. Rev. Dckt. No. HA410125RT (9/29/99) [7-pg. doc.]