Building Never Subject to Rent Control

Tenant complained that the first stabilized rent for her apartment was greater than the fair market rent. Landlord didn't answer the complaint. The DRA ruled for tenant and reduced the 1978 rent of the apartment from $350 to $250. Landlord appealed, pointing out that prior landlord was ill and hadn't turned over the rent history data when needed. In any event, tenant's apartment had never been subject to rent control and there had been no overcharge at any time. The DHCR ruled for landlord. Since the building was never rent controlled, tenant's rent wasn't subject to a fair market rent appeal. And even though landlord hadn't answered the initial complaint, the DHCR's records confirmed that the building was never rent controlled.

Clinton Towers Associates: DHCR Adm. Rev. Dckt. No. EE-210089-RO (3/3/95) [5-page document]