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All rent controlled apartments are subject to decontrol upon vacancy unless the outgoing rent controlled tenant was forced out through harassment. However, MANY DECONTROLLED APARTMENTS WILL FALL UNDER RENT STABILIZATION. If the apartment is in a building with six or more units, the landlord can initially charge whatever the market will bear, subject to the tenant s right to file what is known as a "Fair Market Rent Appeal." However, if the apartment is in a building with fewer than six units, the apartment will most likely no longer be under any rent regulation. For more information on this process, we suggest you review the fact sheet on Fair Market Rent Appeals issued by the New York State Division of Housing and Community Renewal.
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How are rent controlled apartments decontrolled?
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