Tenants Can't File

Tenants filed a fair market rent appeal, claiming they were the first stabilized tenants of the apartment. They moved into the apartment in October 1973 but didn't file their complaint until December 1994. The DRA ruled against tenants, finding their complaint wasn't filed on time and noting that the rent in effect on April 1, 1990, was legal. Tenants appealed, claiming they received no rent history when they moved into the apartment and that the RR-1 form served in 1984 didn't advise them of their right to file a fair market rent appeal. The DHCR ruled against tenants. Tenants' initial lease started in 1973, during vacancy deregulation. Tenants' apartment became subject to rent stabilization in 1974 under the ETPA. Under these circumstances, tenants' initial rent-stabilized rent wasn't subject to a fair market rent appeal.

de Montebello: DHCR Admin. Rev. Dckt. No. KC410002RT (5/16/96) [2-page document]