Apartment with Same Number of Rooms Is Comparable

Eastchester tenant complained of a rent overcharge. The DRA ruled against tenant and dismissed her complaint. Tenant appealed. She claimed the DRA used an improper ``comparable'' rent in setting the legal rent for her apartment. The DHCR ruled against tenant. The apartment used as a comparable had three rooms and a rent of $689. Tenant's apartment also had three rooms. Tenant claimed that the apartments weren't the same exact size. The DHCR stated that they didn't have to be; they just had to have the same number of rooms. Tenant's initial rent was $725, which was $36 higher than the comparable. Since landlord also did 1/40th improvements worth $3,000 to tenant's apartment before she moved in, the $725 rent didn't exceed the fair market rent.

Palazzolo: DHCR Adm. Rev. Dckt. No. FF 810009-RT (1/7/94) [3-page document]