Apartment with Different Sized Rooms Used as Comparable

Tenant filed a fair market rent appeal. The DRA ruled against tenant because his first stabilized rent was the same as a comparable rent in the same building. Tenant appealed, claiming that the other apartment wasn't comparable because it was a different size. The DHCR ruled against tenant. The comparable apartment had the same number of rooms as tenant's apartment. It didn't matter that the size of the rooms in the comparable apartment may be different from the size of the rooms in tenant's apartment.

Chen: DHCR Adm. Rev. Dckt. No. RA410008RT (2/26/03) [2-pg. doc.]