Years ago, bringing, or defending, a Fair Market Rent Appeal (FMRA) was a routine part of any rent regulatory practice. Because there are so few rent-controlled apartments left, FMRAs have become somewhat of a rarity. Nevertheless, the successful defense of an FMRA, under appropriate circumstances, can lead to a ruling that the apartment had been deregulated under the luxury deregulation provisions of the RSL that existed prior to the HSTPA.

Pursuant to L. 1971, ch. 371, rent-controlled apartments vacated on or after June 30, 1971 became decontrolled. See CRL §26-403(e)(2)(i)(9). Three years later, pursuant to the Emergency Tenant Protection Act (L. 1974, ch. 576, §4) (ETPA), decontrolled apartments in buildings with six or more units generally became subject to the RSL.