Apartment Was Vacancy Decontrolled

Tenant filed a fair market rent appeal. Landlord claimed that tenant wasn't entitled to challenge the fair market rent because the apartment hadn't been vacancy decontrolled. The DRA ruled for tenant and reduced his first rent from $1,338 to $997. Landlord appealed. Landlord had terminated the tenancy of prior, rent-controlled tenant for nonprimary residence. So landlord claimed that rent-controlled tenant's vacancy wasn't voluntary. Landlord further argued that this meant the apartment wasn't vacancy decontrolled, so no fair market rent appeal could be filed. The DHCR ruled against landlord. It didn't matter whether prior rent-controlled tenant was evicted or simply moved out. When rent-controlled tenant vacates, the apartment becomes vacancy decontrolled. The first rent-stabilized rent set after that is subject to a fair market rent appeal.

315-17 West 98th St. Co.: DHCR Adm. Rev. Dckt. No. MG410017RO (8/23/04) [6-pg. doc.]