Four Year Limit Doesn't Apply to Pre-April 1, 1984 Complaint

Tenant filed a fair market rent appeal on March 29, 1984, claiming that the initial rent-stabilized rent for her apartment exceeded the fair market rent. In 1989, the DRA ruled for tenant and reduced the first stabilized rent for the apartment from $725 to $540. Landlord appealed, arguing that the DRA should have considered as comparable rents the legal regulated rents set within four years before or one year after tenant's initial stabilized rent. On June 13, 1997, the DHCR ruled against landlord. Landlord started a court case to appeal the DHCR's ruling. The court ruled that since tenant filed her fair market rent appeal before April 1, 1984, the DHCR properly used the rules in effect at that time. Those rules required landlord to submit usable June 30, 1974, comparability data. Since landlord didn't do so, the DHCR's establishment of the fair market rent by using only the Special Guidelines was proper.

Primrose Mgmt. Co. v. DHCR: Index No. 114508/97 (2/21/98) (Sup. Ct. NY; Bransten, J) [9-page document]