Tenant Didn't Challenge Deregulated Rent in Time

Landlord sued to evict unregulated tenant in January 2019 after tenant's lease expired. Tenant claimed that she was rent stabilized and that the apartment was improperly deregulated when she moved in. The court ruled against tenant, who appealed and lost. Tenant was the first tenant to occupy the apartment after the prior rent-controlled tenant moved out more than four years before tenant raised her rent stabilization claim. Tenant was charged an initial rent above the vacancy deregulation threshold in effect at the time. The initial rent was subject to a timely fair market rent appeal, but none was filed. While prior landlord filed the RR-1 notice with the DHCR when tenant moved in, there was no proof that the RR-1 form was served on tenant. So instead of a 90-day time limit to raise a fair market rent appeal, tenant had four years to do so. But tenant didn't raise a rent claim until more than four years had passed. So the apartment was exempt from rent stabilization. 

3505 Bway Owner LLC v. McNeely: 2021 NY Slip Op 21118 (App. T. 1 Dept.; 4/27/21; McShan, JP, Brigantti, Hagler, JJ)