First Rent-Stabilized Tenant Can't File Complaint

November 1, 2001

LVT Number: 15393

Tenant complained of a rent overcharge. The DHCR ruled against tenant. Tenant appealed and lost. Tenant unquestionably was the first rent-stabilized tenant of the apartment and so can't file a rent overcharge complaint. Although landlord registered the apartment in 1990 and 1991 as rent stabilized, this clearly was an error. The rent-controlled tenant who was registered in 1984 still lived in the apartment after 1991. The DHCR properly proposed to process tenant's complaint as a fair market rent appeal.

Tenant complained of a rent overcharge. The DHCR ruled against tenant. Tenant appealed and lost. Tenant unquestionably was the first rent-stabilized tenant of the apartment and so can't file a rent overcharge complaint. Although landlord registered the apartment in 1990 and 1991 as rent stabilized, this clearly was an error. The rent-controlled tenant who was registered in 1984 still lived in the apartment after 1991. The DHCR properly proposed to process tenant's complaint as a fair market rent appeal.

Ramlie v. Soufer Family LLC: NYLJ, 10/29/01, p. 26, col. 6 (App. Div.1 Dept.; Rosenberger, JP, Williams, Mazzarelli, Rubin, Buckley, JJ)

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