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Posted by Hawk on June 15, 1999 at 20:59:26:

In Reply to: Rent overcharge? hmmmm posted by Jane on June 14, 1999 at 18:37:18:

First, to get the terminology straight: your apartment is certainly not Rent Controlled; it is Rent Stabilized, if its under the rent regulation scheme of DHCR. An apartment is subject to Rent Control if the tenant in possession of that apartment has been in continuous possession since sometime in 1971 (July 1 I think). Second, the time to challenge an Initial Registered Rent is 90 days from receiving the notice by registered mail. (When an apartment converts from rent control -- simply by the rc tenant giving up possession, the next tenant will be rs), the first rs tenant of the apartment can challenge the amount of rent charged claiming that the rent is too high. This is known as a Fair Market Rent Appeal; it is not a rent overcharge case. Good luck!

Follow Ups:

• Thanks Hawk (and Richard too) jane 6/17/99 (0)

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Comments:
: First, to get the terminology straight: your apartment is certainly not Rent Controlled; it is Rent Stabilized, if its under the rent regulation scheme of DHCR. An apartment is subject to Rent Control if the tenant in possession of that apartment has been in continuous possession since sometime in 1971 (July 1 I think). Second, the time to challenge an Initial Registered Rent is 90 days from receiving the notice by registered mail. (When an apartment converts from rent control -- simply by the rc tenant giving up possession, the next tenant will be rs), the first rs tenant of the apartment can challenge the amount of rent charged claiming that the rent is too high. This is known as a Fair Market Rent Appeal; it is not a rent overcharge case. Good luck!


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