Tenants Can't File

Tenants filed a fair market rent appeal. The DRA ruled against tenants. They appealed and lost. Tenants moved into the apartment under rent control in 1956. In 1980, the building converted to a cooperative under an eviction plan. Later, the cooperative was foreclosed and the building was bought at a judicial sale. New landlord then gave tenants a rent-stabilized lease at $925 per month. Their maintenance to the co-op had been $443 per month. But since the apartment was temporarily exempt from rent regulation on the base date four years prior to the filing of tenant's complaint, landlord was entitled to charge a first rent that wasn't subject to challenge.

Chiavaro: DHCR Admin. Rev. Dckt. No. PI610072RT (8/23/02) [2-pg. doc.]