Plaintiff appeals from an order and judgment of the Civil Court, New York County, dated December 20, 2002 which, after trial (George Postel, J.H.O.), dismissed the complaint.

PER CURIAM:

Order and judgment dated December 20, 2002 (George Postel, J.H.O.) reversed, with $30 costs, and judgment is granted in favor of the plaintiff in the principal sum of $16,400, plus interest and costs. The matter is remanded to the Civil Court for an assessment of the reasonable attorneys' fees incurred by plaintiff in this action.

Assuming in defendant's favor that she was the first tenant to occupy the apartment premises upon the vacatur of the rent controlled tenant, "the initial legal regulated rent shall be the rent agreed to by the owner and the tenant and reserved in a lease ..., subject to a tenant's right to a Fair Market Rent Appeal to adjust such rent" (Rent Stabilization Code § 2521.1[a][1]). Based upon the agreed rent of $2,050 set forth in the parties' October 1994 lease, plaintiff landlord is entitled to judgment in the sum of $16,400 for the period of defendant's [*2]conceded nonpayment.^[FN1] Since more than four years have elapsed since the vacancy and the date of the initial apartment registration, no fair market rent appeal may be filed (Rent Stabilization Code § 2522.3[c][2]; see Matter of Schutt v DHCR, 278 AD2d 58). To the extent defendant prosecuted a complaint before the agency, the record indicates that DHCR dismissed the proceeding on May 30, 2000 and, so far as appears, no further action was taken.

This constitutes the decision and order of the court.