Apartment Vacant for 10 Years

Landlord asked the DHCR if a formerly rent-controlled apartment, which had been vacant for over 10 years, would be subject to a fair market rent appeal upon rental to the first rent-stabilized tenant. Landlord pointed out that in another PAR decision, the DHCR ruled that a formerly rent-controlled apartment that was occupied but exempt from rent regulation on May 29, 1974, and remained so for at least 10 years, wasn't subject thereafter to a fair market rent appeal when it became rent-stabilized. In an opinion letter, the DHCR stated that the long-term vacant apartment would be subject to a fair market rent appeal when it was rented to the first rent-stabilized tenant. The Rent Stabilization Code provides no exception from fair market rent appeals for long-term vacancies after decontrol. This situation differs from one in which the apartment was occupied but exempt for 10 years.

DHCR Opin. Ltr. by Charles Goldstein (3/17/97) [2-page document]