Apartment Was Previously Rent Controlled

Rent-stabilized tenant complained of a rent overcharge. Since tenant was the first rent-stabilized tenant of the apartment in 2005, the DRA treated tenant’s complaint as a fair market rent appeal. Tenant paid $1,800 per month. But the DRA found the fair market rent was $1,927 and dismissed tenant’s complaint. Tenant appealed and lost. Tenant claimed that landlord had filed 1985 and 1986 rent registrations, showing there was a prior rent-stabilized tenant. But tenant hadn’t raised this claim before the DRA. And DHCR records clearly showed that the apartment was rent controlled until tenant moved in.

Bloom: DHCR Adm. Rev. Docket No. XK110045RT (5/13/10) [3-pg. doc.]