Tenant Must Challenge Initial Rent by Filing Fair Market Rent Appeal

(Decision submitted by Todd Soloway of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Tenant sued landlord in court. She claimed that she was the first rent-stabilized tenant in 1998, that prior rent-controlled tenant paid $290 from 1984 until 1998, that landlord didn't file an initial registration statement for her apartment in 1998, and that, therefore, her legal rent was $290, the last rent-controlled rent. The court ruled against tenant. While there was some prior case law supporting tenant's claim, since amendment of the Rent Stabilization Law in 1993, tenant can challenge the first stabilized rent only by filing a fair market rent appeal with the DHCR. Tenant's case was dismissed.

Ramlie v. Soufer Family LLC: Index No. 117779/00 (Sup. Ct. NY 3/20/01; Lehner, J) [1-pg. doc.]