Tenant Can Challenge Initial Rent

Tenant complained that the initial stabilized rent for his apartment was more than the fair market rent. The DHCR ruled for tenant, and landlord appealed. The court ruled against landlord, and landlord appealed again. Landlord claimed that tenant couldn't maintain a fair market rent appeal because the apartment had been decontrolled under a prior lease. Tenant's apartment was vacant between Jan. 1 and June 30, 1974. The appeals court ruled against landlord. Landlord had never raised this argument before and couldn't do so for the first time now. And even if the court considered landlord's argument, landlord would lose. Tenant had filed his complaint before April 1, 1984. Under the Rent Stabilization Code in effect on March 31, 1984, tenant could file a fair market rent appeal if the apartment was rent-controlled before July 1, 1971, and if a vacancy occurred between Jan. 1 and June 30, 1974.

in re 319 East 50th Street Associates: NYLJ, p. 27, col. 3 (11/8/93) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ellerin, Wallach, JJ)