How to Defend Against Fair Market Rent Appeals

When a tenant passes away or moves out of your rent-controlled apartment without leaving behind any occupants who qualify as tenant-successors, the apartment becomes decontrolled or no longer subject to rent-control laws. If that apartment is in a building built before Jan. 1, 1974, containing six or more units at any time, it becomes rent stabilized. The owner must register the unit with the 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.

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