Tenant Filed on Time

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. Landlord claimed that it wasn't filed on time. The DRA ruled for tenant and reduced her rent. Landlord appealed. Landlord had personally delivered an RR-1 form to tenant when she moved into the apartment. But landlord didn't include information as to the amount of the last rent-controlled rent on the form. So the DHCR ruled that the RR-1 form was invalid and tenant's fair market rent appeal was filed on time. However, the fair market rent for the apartment was $1,200 based on comparable rents and a 1/40th improvement rent increase. This was higher than tenant's actual initial rent of $995. So the fair market rent appeal was dismissed.

7th St. Properties Assocs.: DHCR Admin. Rev. Dckt. No. KF410010RO (10/17/02) [5-pg. doc.]