Tenant Had Right to File

Tenant filed a fair market rent appeal. His initial monthly rent was $2,200, while the prior rent-controlled tenant's rent was $112. Landlord claimed that tenant was the first tenant after vacancy decontrol and that the apartment was deregulated because tenant's rent was greater than $2,000 per month. Landlord also claimed that because prior rent-controlled tenant was evicted, the apartment wasn't voluntarily vacated, so tenant's rent wasn't subject to a fair market rent appeal. The DRA ruled for landlord and dismissed the complaint. Tenant appealed and won. It didn't matter whether rent-controlled tenant moved out voluntarily or was evicted. The apartment was still vacancy decontrolled and subject to a fair market rent appeal. The fact that the first rent charged after decontrol was over $2,000 per month also didn't bar tenant's complaint. The apartment would be deregulated only if the DHCR determined that $2,000 was the fair market rent.

DeSoiza & R. Viotto: DHCR Adm. Rev. Dckt. No. LE410012RT (11/7/97) [2-page document]