Tenant Can't File Fair Market Rent Appeal

Tenant filed a fair market rent appeal. Tenant moved into the apartment in January 1977 at a monthly rent of $310. The DRA ruled for tenant, and landlord appealed. Landlord showed that the DRA's order was incorrect. In 1973, landlord filed a report of statutory decontrol. The apartment had been vacated in 1971, and landlord's managing agent moved in. Landlord had submitted to the DRA a renewal lease for the managing agent dated Feb. 1, 1976. The DRA incorrectly determined that the agent had first moved into the apartment in 1976. In fact, the apartment was rent-controlled before July 1, 1971, was vacated in July 1971, and was then occupied by landlord's managing agent from July 1971 until February 1976. So, the apartment wasn't subject to a fair market rent appeal.

2260 Olinville Avenue, Apt. A-1: DHCR Adm. Rev. Dckt. No. DH 610204-RO (5/27/93) [3-page document]