Court Can Determine Fair Market Rent for Stabilized Apartment

LVT Number: #24705

Landlord sued to evict unregulated tenant for nonpayment of rent, claiming that tenant owed $171,885. Tenant's monthly rent was $7,391. Tenant claimed rent overcharge. The prior tenant was rent controlled, and tenant had a fair market rent appeal (FMRA) pending before the DHCR. Tenant asked the court to delay the nonpayment case until his FMRA was decided. The court refused to do so since the DHCR refused to expedite processing and the court also had the authority to determine the fair market rent.

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