Landlord Established Decontrol Date

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. The DRA ruled for tenant, finding him to be the first rent-stabilized tenant of the apartment and setting the fair market rent at $300, effective July 1, 1983. Landlord appealed, claiming that the DRA didn't consider rent history records showing that the apartment was vacancy decontrolled in 1974. The DHCR ruled for landlord. Rent history records confirmed that the apartment was first rent-stabilized in 1974 and that landlord had filed a report of statutory decontrol. The 1974 fair market rent was $185, and there was no subsequent rent overcharge.

Fountainhead Realty: DHCR Adm. Rev. Dckt. No. DA510008RO (12/13/96) [2-page document]