Tenant Who Took Occupancy in 1973 Can't File

LVT Number: 10678

(Decision submitted by Patti A. Stone of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenant filed a fair market rent appeal in December 1994. Tenant had moved into the apartment in October 1973 at a monthly rent of $1,025. Landlord claimed that tenant's fair market rent appeal wasn't filed on time. The DRA ruled for landlord. Tenant's apartment had been properly registered with the DHCR in April 1984. Tenant filed no objection to rent registration. The DRA also found no overcharge in the four years prior to the filing of tenant's complaint.

(Decision submitted by Patti A. Stone of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenant filed a fair market rent appeal in December 1994. Tenant had moved into the apartment in October 1973 at a monthly rent of $1,025. Landlord claimed that tenant's fair market rent appeal wasn't filed on time. The DRA ruled for landlord. Tenant's apartment had been properly registered with the DHCR in April 1984. Tenant filed no objection to rent registration. The DRA also found no overcharge in the four years prior to the filing of tenant's complaint. Tenant appealed, claiming that he never received a DC-2 form when he moved in and that the RR-1 form served in 1984 didn't give enough information regarding the fair market rent. The DHCR ruled against tenant. Tenant's first lease started in 1973, during a period of vacancy deregulation. Tenant was paying an unregulated rent until the apartment became subject to rent stabilization under the Emergency Tenant Protection Act in 1974. Under rent stabilization regulations, tenants of this type of apartment weren't eligible to file a fair market rent appeal and no DC-2 notice was ever required. So it didn't matter whether the RR-1 form satisfied the fair market rent appeal notice requirement.

DeMontebello: DHCR Adm. Rev. Dckt. No. KC410002RT (5/16/96) [2-page document]

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