Prior Tenant Never Filed Fair Market Rent Appeal

August 27, 2019

LVT Number: #30312

Landlord sued to evict unregulated tenant for nonpayment of rent. In response, tenant claimed that the apartment had been illegally deregulated. The court granted landlord's request to dismiss tenant's defenses. Landlord showed that the apartment became deregulated in 2001 when a prior rent-controlled tenant moved out. Landlord gave the next tenant a deregulated lease at a monthly rent of $3,000 and submitted required decontrol notices to the DHCR.

Landlord sued to evict unregulated tenant for nonpayment of rent. In response, tenant claimed that the apartment had been illegally deregulated. The court granted landlord's request to dismiss tenant's defenses. Landlord showed that the apartment became deregulated in 2001 when a prior rent-controlled tenant moved out. Landlord gave the next tenant a deregulated lease at a monthly rent of $3,000 and submitted required decontrol notices to the DHCR. Since that prior tenant didn't file a fair market rent appeal, either within 90 days after landlord mailed him a notice or within four years of the July 2001 deregulation, the $3,000 unregulated rent was the first lawful rent following decontrol. Tenant couldn't challenge this rent or the deregulation.

400 E58 Owner LLC v. Herrnson: Index No. 77100/18, NYLJ No. 1562578284 (Civ. Ct. NY; 6/13/19; Ortiz, J)

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