Tenant Can't Challenge First Rent

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant. There had been no timely challenge to the initial legal regulated rent registered by landlord on Feb. 1, 1985, and all subsequent rent increases were lawful. Tenant appealed, claiming that the initial apartment registration form was served on a ''phantom'' tenant. The DHCR ruled against tenant. Landlord had submitted proof that the initial RR-1 registration form was served on first stabilized tenant, who didn't challenge the rent. Tenant submitted no proof that first stabilized tenant was a ''phantom.''

Finlay: DHCR Adm. Rev. Dckt. No. EJ410001RT (10/24/97) [2-page document]