Apartment Not Decontrolled Due to Vacancy

September 30, 1994

LVT Number: 9125

Tenant complained that the initial stabilized rent for his apartment was more than the fair market rent. Landlord argued that tenant couldn't file a fair market rent appeal because the apartment hadn't become decontrolled due to a vacancy. In a 1985 court-approved stipulation, tenant had agreed that the apartment would be decontrolled. The DRA ruled that tenant couldn't bring a fair market rent appeal, and tenant appealed. The DHCR ruled for landlord. The apartment had become subject to rent stabilization due to the stipulation---not due to a vacancy.

Tenant complained that the initial stabilized rent for his apartment was more than the fair market rent. Landlord argued that tenant couldn't file a fair market rent appeal because the apartment hadn't become decontrolled due to a vacancy. In a 1985 court-approved stipulation, tenant had agreed that the apartment would be decontrolled. The DRA ruled that tenant couldn't bring a fair market rent appeal, and tenant appealed. The DHCR ruled for landlord. The apartment had become subject to rent stabilization due to the stipulation---not due to a vacancy. So, tenant didn't have the right to file a fair market rent appeal.

433 West 21st Street, Penthouse: DHCR Adm. Rev. Dckt. No. HG 410021-RT (8/26/94) [4-page document]

Downloads

HG410021-RT.pdf318.88 KB

Topics

More like this