FAIR MARKET RENT APPEALS

Prior Tenant Never Filed Fair Market Rent Appeal

July 15, 2019    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed rent overcharge and improper deregulation of his apartment. The court granted landlord's request to dismiss tenant's claims....

Unit That Had Been Owner-Occupied Not Subject to Fair Market Rent Appeal

July 13, 2019    

Landlord sued to evict unregulated tenant. The court ruled against landlord and dismissed the case. The court also ruled that tenant could file a fair market rent appeal with the DHCR to challenge her apartment's...

DHCR Must Reconsider Whether Initial Rent Exceeded Fair Market Rent

March 19, 2019    

Tenant filed a fair market rent appeal with the DHCR. The DRA ruled against tenant, finding that the apartment's monthly fair market rent was more than the $6,000 charged to tenant when she moved in. Tenant...

Fair Market Rent Appeal Not Filed in Time

July 18, 2018    

Rent-stabilized tenant filed a fair market rent appeal to challenge his apartment's initial legal regulated rent. The DRA dismissed the complaint because more than 90 days had passed since landlord delivered an...

Landlord Charged Less Than Fair Market Rent to First Rent-Stabilized Tenant

November 28, 2017    

Rent-stabilized tenant filed a fair market rent appeal to challenge the initial stabilized rent. The DRA ruled against tenant, finding that the initial $1,000 rent was less than the $1,290 fair market rent. The fair...

Tenant's Fair Market Rent Appeal Was Untimely

May 22, 2017    

Tenant moved into an apartment in 2010 and later filed a fair market rent appeal, claiming that the apartment was improperly deregulated. The DHCR ruled against tenant, finding her claim untimely. The rent-controlled...

Fair Market Rent Less Than Initial Rent Charged by Landlord

April 27, 2017    

Tenant, whose initial monthly rent was $2,200, filed a fair market rent appeal. The DRA ruled for tenant, set a fair market rent of $1,121, and ordered landlord to refund $20,500, including interest. Landlord...

DHCR Correctly Applied HUD Special Guideline to Set Fair Market Rent

March 29, 2017    

Tenant filed a fair market rent appeal. The DRA ruled for tenant and established the apartment’s initial legal regulated rent on April 1, 2009, as $1,450 per month based on HUD special guidelines. Landlord and...

Tenant's Fair Market Rent Appeal Was Untimely

March 22, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud. Tenant claimed that she was the first rent-stabilized tenant of the apartment after rent control. She...

Tenant’s Fair Market Rent Appeal Was Untimely

February 22, 2016    

Tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed landlord didn’t give her an initial rent registration form, so tenant was entitled to file a fair market...

Tenant's Fair Market Rent Appeal Was Untimely

December 18, 2015    

Tenant filed a fair market rent appeal, claiming that his initial rent of $4,800 per month exceeded the fair market rent. He also claimed that the apartment was improperly deregulated because the building received J-...

Initial $2,800 Rent Was Fair Market Rent Subject to Stabilization in J-51 Building

June 23, 2015    

Tenant complained of rent overcharge. Landlord claimed that...