Tenant Didn't File Fair Market Rent Appeal on Time

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained that the first rent-stabilized rent for his apartment, set in 1987, was greater than the fair market rent. The DRA ruled for tenant and ordered landlord to refund $46,000. New landlord appealed. A review of tenant's initial complaint showed that tenant admitted he received an RR-1 form from landlord when he moved in. But tenant didn't file his fair market rent appeal until more than 90 days later. The DHCR ruled for landlord. Tenant had later claimed that he was confused about what forms he received with his initial lease. But tenant's complaint clearly was not filed on time. The refund order was revoked.

Sabrina Equities Corp.: DHCR Adm. Rev. Dckt. No. OC410046RO (1/22/01) [4-pg. doc.]