Fair Market Rent More than $2,000 per Month

December 1, 2007

LVT Number: #20030

Tenant filed a fair market rent appeal, claiming that her apartment's initial rent-stabilized rent was more than the fair market rent. The DHCR ruled against tenant. Tenant appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against tenant. Tenant's initial rent was more than $2,000 per month. Landlord proved that this was the fair market rent, and presented adequate evidence of improvements made to the apartment after the prior rent-controlled tenant moved out. Tenant's apartment therefore was exempt from rent stabilization.

Tenant filed a fair market rent appeal, claiming that her apartment's initial rent-stabilized rent was more than the fair market rent. The DHCR ruled against tenant. Tenant appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against tenant. Tenant's initial rent was more than $2,000 per month. Landlord proved that this was the fair market rent, and presented adequate evidence of improvements made to the apartment after the prior rent-controlled tenant moved out. Tenant's apartment therefore was exempt from rent stabilization.

Munk v. DHCR: NYLJ, 11/19/07, p. 27, col. 3 (App. Div. 1 Dept.; Friedman, JP, Sullivan, Buckley, Malone, JJ)

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