Apartment with Different Layout Rejected as Comparable

April 1, 2006

LVT Number: 18744

Tenant filed a fair market rent appeal. The DHCR ruled for tenant and reduced the amount of his initial rent-stabilized rent. Landlord appealed, arguing that the DHCR unreasonably rejected proof of a comparable apartment landlord submitted for use in calculating the fair market rent. The court and appeals court ruled against landlord. The layout of tenant's apartment was different from the layout of the apartment in the same building that landlord claimed was comparable. So the DHCR's rejection of the proposed comparable was reasonable.

Tenant filed a fair market rent appeal. The DHCR ruled for tenant and reduced the amount of his initial rent-stabilized rent. Landlord appealed, arguing that the DHCR unreasonably rejected proof of a comparable apartment landlord submitted for use in calculating the fair market rent. The court and appeals court ruled against landlord. The layout of tenant's apartment was different from the layout of the apartment in the same building that landlord claimed was comparable. So the DHCR's rejection of the proposed comparable was reasonable.

M&E Rubin, LLC v. DHCR: NYLJ, 3/27/06, p. 40, col. 6 (App. Div. 2 Dept.; Crane, JP, Santucci, Spolzino, Dillon, JJ)

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