No Rent Appeal Allowed More Than Four Years After Decontrol

Tenant filed a fair market rent appeal, challenging the initial legal rent for his apartment after rent control. The DRA ruled against tenant and found that the apartment was exempt because prior tenant's rent was more than $2,000 per month. Tenant appealed, claiming that landlord never registered the apartment after the rent-controlled tenant moved out and never proved that any RR-1 was delivered to prior tenant. The DHCR ruled against tenant. Tenant moved into the apartment in February 2005 under an unregulated lease for $3,700 per month. The base date was April 18, 2003, four years before tenant filed his complaint. At that time, prior tenant paid $3,000 under a renewal lease. Landlord proved that the base rent was $2,000 or more. And the base date rent isn't subject to challenge, whether or not it was deregulated.

Sanderson: DHCR Adm. Rev. Docket No. VH410029RT (7/16/08) [2-pg. doc.]