Tenant Doesn't Have Right to File Fair Market Rent Appeal

Tenant complained of a rent overcharge. The DRA ruled against tenant and found no overcharge. Tenant appealed, claiming that he was the first rent-stabilized tenant of the apartment and his complaint should have been treated as a fair market rent appeal. The DHCR ruled against tenant. Landlord showed that a prior tenant had lived in the apartment after it was decontrolled. Landlord had delivered a DC-2 notice to prior tenant in 1993, and prior tenant never filed a fair market rent appeal.

Uribe: DHCR Adm. Rev. Dckt. No. ND210086RT (5/19/00) [3-pg. doc.]