Four-Year Time Limit Not Extended

April 30, 2004

LVT Number: 17272

Tenant filed a fair market rent appeal. The DRA ruled against tenant and dismissed the case. The DRA found that the apartment was vacant on the base rent date, and after that, the initial rent was over $2,000 per month. So the apartment was exempt from rent stabilization. Tenant appealed and lost. The fact that landlord may not have filed annual registration statements for the apartment on time didn't extend the four-year period for examination of rent records.

Tenant filed a fair market rent appeal. The DRA ruled against tenant and dismissed the case. The DRA found that the apartment was vacant on the base rent date, and after that, the initial rent was over $2,000 per month. So the apartment was exempt from rent stabilization. Tenant appealed and lost. The fact that landlord may not have filed annual registration statements for the apartment on time didn't extend the four-year period for examination of rent records. And the fact that landlord didn't send tenant an RR-1 form didn't mean that tenant could file a fair market rent appeal more than four years after the apartment was decontrolled.

Bryk: DHCR Adm. Rev. Dckt. No. RK210057RT (12/29/03) [2-pg. doc.]

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