Apartment in Neighboring Building Used as Comparable

Tenant complained of a rent overcharge. Since tenant was the apartment's first stabilized tenant, the complaint was treated as a fair market rent appeal. The DRA ruled for tenant and reduced the first rent from $2,245 to $1,935. The fair market rent was set by using special guidelines and two comparable apartments. Tenant appealed. One of the comparable apartments used by the DRA was in another building and didn't contain a terrace and dining alcove like tenant's apartment. The DHCR ruled against tenant. Use of that apartment as a comparable was reasonable. The apartment contained the same number of rooms as tenant's apartment and was located in the same area.

Sheinberg/177 East 77th, Inc.: DHCR Adm. Rev. Dckt. Nos. HJ410071RT, HJ410125RO (12/19/95) [8-page document]