Tenant Filed Fair Market Rent Appeal on Time

June 30, 1996

LVT Number: 10679

Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent for his apartment was excessive. Landlord claimed that tenant's complaint wasn't filed on time. The DHCR ruled for tenant and found that the resulting rent overcharge was over $180,000. Landlord appealed. The court and appeals court ruled against landlord. Landlord didn't prove that tenant was properly served with the required initial legal regulated rent notice. Landlord didn't serve the notice by certified mail, and landlord didn't prove that it had made personal service.

Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent for his apartment was excessive. Landlord claimed that tenant's complaint wasn't filed on time. The DHCR ruled for tenant and found that the resulting rent overcharge was over $180,000. Landlord appealed. The court and appeals court ruled against landlord. Landlord didn't prove that tenant was properly served with the required initial legal regulated rent notice. Landlord didn't serve the notice by certified mail, and landlord didn't prove that it had made personal service. So tenant's time limit for filing a fair market rent appeal never started to run.

Estate of Sol Goldman v. DHCR: NYLJ, p. 26, col. 6 (6/10/96) (Milonas, JP, Rosenberger, Ross, Tom, JJ)

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