DHCR Can Consider Fair Market Rent Appeal When Rent Is over $2,000

March 1, 2000

LVT Number: 13901

Landlord brought a court case to stop the DHCR from processing tenant's fair market rent appeal. After the apartment was decontrolled because of a vacancy, landlord rented it for more than $2,000. Landlord claimed that the apartment was now exempt from rent stabilization and that there could be no fair market rent appeal. The DHCR asked the court to dismiss the case. The court ruled for the DHCR. Fair market rent appeal procedures apply to decontrolled apartments. The law doesn't exempt high-rent apartments from fair market rent appeal procedures.

Landlord brought a court case to stop the DHCR from processing tenant's fair market rent appeal. After the apartment was decontrolled because of a vacancy, landlord rented it for more than $2,000. Landlord claimed that the apartment was now exempt from rent stabilization and that there could be no fair market rent appeal. The DHCR asked the court to dismiss the case. The court ruled for the DHCR. Fair market rent appeal procedures apply to decontrolled apartments. The law doesn't exempt high-rent apartments from fair market rent appeal procedures.

101 W. 70th St. Assocs. v. DHCR: NYLJ, 2/28/00, p. 27, col. 5 (App. Div.1 Dept.; Williams, JP, Tom, Saxe, Friedman, JJ)

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