Tenant's Fair Market Rent Appeal Was Untimely

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud. Tenant claimed that she was the first rent-stabilized tenant of the apartment after rent control. She moved into the apartment in May 2011 at a monthly rent of $1,200 per month. The apartment was registered as rent controlled in 1984 at $98 per month and no registrations were filed for most years until 2012, when the apartment was registered as rent stabilized at a monthly rent of $1,300. The rent was later registered at $1,352 although tenant paid only $1,252. There was no proof that landlord ever sent the first rent-stabilized tenant an RR-1 form. But a fair market rent appeal against the first rent-stabilized rent can’t be filed more than four years after the apartment was no longer subject to rent control. So tenant couldn’t have the rent rolled back to $98 as sought. A trial was needed to examine leases and otherwise determine if there was a rent overcharge.

West 151 St. Realty Co. LLC v. Manguelle: Index No. L&T85007/2014, NYLJ No. 1202748558452 (Civ. Ct. NY; 1/21/16; Kraus, J)