The prior tenant was rent controlled. How much can the rent be increased?
The landlord may initially ask any rent that the market may bear, subject to the tenant s right to file a Fair Market Rent Appeal. The new tenant has the right to file a Fair Market Rent Appeal within 90 days after receiving a special notice about this right from the landlord. However, even if the owner does not provide notice, the tenant must act within four years of time that the rent controlled tenancy ended. For more information contact the NY State Division of Housing and Community Renewal (718-739-6400). If the DHCR receives a timely Fair Market Rent Appeal, it will consider the “special guideline” promulgated by the Rent Guidelines Board in setting a new rent. To review the current special guideline, see the most recent Apartment Order. The DHCR may also consider rents for comparable apartments which have undergone decontrol. Typically, both factors are given equal weight. If no “comparables” are submitted by the owner, the DHCR will rely exclusively on the special guideline. Th
