FAIR MARKET RENT APPEALS

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...

Tenant Paid Less Than Fair Market Rent

April 21, 2015    

Rent-stabilized tenant filed a fair market rent appeal to challenge the first stabilized rent set for her apartment. The DRA ruled against tenant. The fair market rent was $1,732 per month, and tenant paid only $1,...

Four-Year Time Limit Applies to Fair Market Rent Appeal

November 18, 2014    

Rent-stabilized tenant filed a fair market rent appeal 33 years after moving into his apartment. The DRA dismissed the complaint as untimely. Tenant appealed and lost. Tenant claimed that he never received an RR-1...

Fair Market Rent Appeal Was Untimely

October 22, 2014    

The first rent-stabilized tenant of an apartment filed a fair market rent appeal more than four years after moving in. The DRA dismissed the complaint as untimely. Tenant appealed and lost. Rent Stabilization Code...

Tenant Who Took Rent Credits Can't Seek Prejudgment Interest

June 12, 2014    

Tenant sued landlord for prejudgment interest on a fair market rent appeal (FMRA) award as well as the outstanding balance of the FMRA award and attorney's fees. The court granted landlord's request to...

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