Tenant Can't File

(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 and reduced the apartment's initial stabilized monthly rent from $580 to $294. Landlord appealed, arguing that because the apartment was decontrolled prior to Dec. 31, 1973, tenant couldn't file a fair market rent appeal. The DHCR ruled for landlord. The Rent Stabilization Code in effect at the time stated that a tenant could file a fair market rent appeal for an apartment which (a) was rent-controlled or rent-stabilized prior to July 1, 1971, and which was vacated between Jan. 1, 1974, and June 30, 1974, or (b) which was rent-controlled on June 30, 1974, and became vacant thereafter. Landlord had filed a report of statutory decontrol in September 1972, indicating that the apartment was vacancy-decontrolled in April 1972. Landlord's rent history records also showed no vacancy between Jan. 1, 1974, and June 30, 1974. So tenant's apartment didn't fit into any of the categories of units subject to a fair market rent appeal.

Village Realty Service: DHCR Adm. Rev. Dckt. No. DI410055RO (10/30/97) [3-page document]