Apartment Can't Be Used as Comparable

Tenant filed a fair market rent appeal. The DRA ruled for tenant, reducing the initial rent-stabilized rent from $600 to $242. The fair market rent was based on special guidelines only; landlord never submitted any comparability data. Landlord appealed, claiming it did submit comparability data. Landlord also submitted an additional comparable from an apartment in a neighboring building. The DHCR ruled against landlord. Landlord had submitted comparability data for one apartment in the building. But the DRA had correctly disallowed this comparable because landlord didn't prove that the apartment was decontrolled and rented to a first stabilized tenant in December 1983. The additional, outside comparable was also disallowed because it was submitted for the first time on appeal.

446 Realty Associates: DHCR Adm. Rev. Dckt. No. EE410119RO (12/19/95) [6-page document]