Tenant's Sister Can File

LVT Number: 8659

Tenant's sister complained that the initial stabilized rent for the apartment was more than the fair market rent. Tenant's sister lived in the apartment with tenant. The DRA ruled for the sister, and reduced the rent. Landlord appealed, claiming that the fair market rent appeal wasn't filed on time and wasn't made by tenant of record. The DHCR ruled against landlord. Tenant must file a fair market rent appeal within 90 days after being served with the apartment registration. Tenant had signed the registration in July 1989, but wasn't served until October.

Tenant's sister complained that the initial stabilized rent for the apartment was more than the fair market rent. Tenant's sister lived in the apartment with tenant. The DRA ruled for the sister, and reduced the rent. Landlord appealed, claiming that the fair market rent appeal wasn't filed on time and wasn't made by tenant of record. The DHCR ruled against landlord. Tenant must file a fair market rent appeal within 90 days after being served with the apartment registration. Tenant had signed the registration in July 1989, but wasn't served until October. The appeal, filed in November, was made within the 90 days. Also, tenant's sister could file the appeal because she was a known occupant of the apartment, who'd be entitled to a renewal lease should tenant of record vacate.

351 Wadsworth Avenue, Apt. C: DHCR Adm. Rev. Dckt. No. GE 410032 RO (1/13/94) [5-page document]

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