FAIR MARKET RENT APPEALS

Landlord Can't Charge Preferential Rent Under Initial Stabilized Lease After Vacancy Decontrol

December 19, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA found no overcharge and dismissed the complaint. Tenant appealed and won, in part. Tenant moved into the apartment in 2011 and filed his...

Tenant's Untimely Fair Market Rent Appeal Was Properly Dismissed

August 28, 2023    

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA converted the complaint to a fair market rent appeal (FMRA) because it sought to challenge the rent initially charged to the first rent-...

Fair Market Rent Appeal Was Untimely and Not Subject to Fraud Claim

September 27, 2021    

Tenant filed a fair market rent appeal (FMRA) in 2017, challenging the initial $2,400 rent set by landlord in 2012 after the prior rent-controlled tenant vacated the apartment. The DRA dismissed the FMRA as untimely...

DHCR Mistakenly Treated Overcharge Complaint as Fair Market Rent Appeal

June 21, 2021    

Tenant complained of rent overcharge. The DRA treated the complaint as a fair market rent appeal (FMRA), ruled for tenant, set the apartment's initial legal regulated rent using the default formula, and ordered...

Tenant Didn't Challenge Deregulated Rent in Time

May 25, 2021    

Landlord sued to evict unregulated tenant in January 2019 after tenant's lease expired. Tenant claimed that she was rent stabilized and that the apartment was improperly deregulated when she moved in. The court...

Landlord Can't Charge Preferential Rent

February 24, 2021    

Rent-stabilized tenant filed a fair market rent appeal (FMRA) in 2016, stating that she was the first rent-stabilized tenant of the apartment after vacancy decontrol, and that landlord impermissibly charged a...

No Overcharge Where Initial Rent-Stabilized Rent Not Challenged Within Four Years

December 17, 2019    

(Decision submitted by attorney Elizabeth Lentini, of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Prior Tenant Never Filed Fair Market Rent Appeal

August 27, 2019    

Landlord sued to evict unregulated tenant for nonpayment of rent. In response, tenant claimed that the apartment had been illegally deregulated. The court granted landlord's request to dismiss tenant's...

Fair Market Rent Appeal Was Untimely

July 22, 2019    

Tenant filed a fair market rent appeal (FMRA), challenging the first apartment rent after rent control. The DRA dismissed the complaint as untimely. Tenant appealed and lost. Under Rent Stabilization Code Section...

DHCR Must Reconsider Whether Apartment Was Deregulated

July 22, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $6,352, including interest. Landlord and tenant both appealed, and the DHCR reopened...

No Timely Fair Market Rent Appeal Filed to Challenge Decontrolled Rent

July 22, 2019    

Tenant complained of rent overcharge and improper deregulation of his apartment. Tenant paid $2,300 per month when he moved into the apartment in 2013. The DRA ruled against tenant, who appealed and lost. The...

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....