George E. Pataki, Governor Joseph H. Holland, Commissioner
A publication of New York State
Division of Housing and Community Renewal
Office of Rent Administration
Fact Sheet #6 - Fair Market Rent Appeals
[Revised 2/96]
In NYC, when a tenant moves out of a rent controlled apartment, the
apartment becomes decontrolled. If that apartment is in a building
built before January 1, 1974 containing six or more units, it becomes
rent stabilized. The owner must register the unit with the NYS Division
of Housing and Community Renewal (DHCR) by completing the Initial
Apartment Registration, (DHCR Form RR-1) and must provide the tenant
with a copy by certified mail. The owner may charge the first
stabilized tenant a rent negotiated between them, which is subject to
the tenant's right to file a "Fair Market Rent Appeal" (FMRA).
An FMRA is a challenge to that negotiated rent, and it must be filed
by the tenant within ninety days after the notice to the tenant of the
initial legal registered rent. This notice is accomplished when the
owner properly serves the tenant with the initial registration (DHCR
Form RR-1) within ninety days of the commencement of the occupancy. If
the tenant challenges this initial legal registered rent and the rent is
found to be excessive, the rent as adjusted by DHCR will become the
Adjusted Initial Legal Rent, or the Legal Regulated Rent. If the appeal
is denied or if no appeal is filed within the ninety-day period, then
the negotiated initial legal registered rent becomes the lawful rent,
not subject to challenge. All future rent increases, whether for a
renewal or vacancy lease, are subject to limitations provided under the
Rent Stabilization Law.
The formula for determining FMRAs consists of averaging the greater of
the maximum collectible rent or maximum base rent under rent control as
adjusted by the Special Guidelines for determining Fair Market Rent
Appeals promulgated each year by the NYC Rent Guidelines Board, with the
rents of qualifying comparable apartments, updated if appropriate. To
the average of these two factors, an adjustment is added for any new
equipment installed in the apartment. The FMRA procedure is
specifically described in Section 2522.3 of the Rent Stabilization Code.
Orders determining Fair Market Rent Appeals in which the legal rent is
established at an amount lower than that being paid by the tenant
usually direct the owner to make the refund of any excess rent to the
tenant in cash, check, or money order. The owner may, however, credit
the refund against future rents over a period of up to six months. If
the required refund is greater than six months' rent, the tenant at his
or her option may continue to credit the rent until the refund is fully
credited, or request the owner to refund any balance outstanding at the
end of the six-month period. Unlike "overcharge" cases, the penalties of
treble damages and interest may not be imposed on an owner in Fair
Market Rent Appeal cases.
For more information or assistance, call the DHCR Rent InfoLine (718)
739-6400, or visit your Borough or County Rent Office.
Central
92-31 Union Hall Street
4th Floor
Jamaica, NY 11433
(718) 739-6400
Brooklyn
250 Schermerhorn Street
3rd Floor
Brooklyn, NY 11201
Upper Manhattan
163 W. 125th Street
5th Floor
New York, NY 10027
North side of 110th St. and above
Nassau County
50 Clinton Street
6th Floor
Hempstead, NY 11550
Westchester County
55 Church Street
White Plains, NY 10601
Lower Manhattan
156 William Street
9th Floor
New York, NY 10038
South side of 110th St. and below
Bronx
1 Fordham Plaza
2nd Floor
Bronx, NY 10458
Staten Island
60 Bay Street
7th Floor
Staten Island, NY 10301
Rockland County
94-96 North Main Street
Spring Valley, NY 10977