Prior Tenant Didn't Challenge Fair Market Rent

Tenant filed a fair market rent appeal. Tenant moved into the apartment on May 1, 2001, at a monthly rent of $1,600. The DRA ruled against tenant, finding that the fair market rent was $1,694. Tenant appealed and lost. Prior tenant moved into the apartment on Dec. 1, 2000, at a monthly rent of $1,400. Prior tenant was the first rent-stabilized tenant, and landlord delivered to him an initial registration statement. Prior tenant didn't file a fair market rent appeal within 90 days of receipt of the apartment registration. So $1,400 was the initial, legal, rent-stabilized rent. When tenant moved in, landlord was entitled to charge a vacancy increase of 18 percent. Landlord actually charged tenant less than the legal rent.

Zotis: DHCR Adm. Rev. Dckt. No. TJ410033RT (3/14/06) [3-pg. doc.]