FAIR MARKET RENT APPEALS

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....

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...