Comparable Rents Can't Be Used

September 30, 2001

LVT Number: 15286

Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent was greater than the fair market rent. The DRA ruled for tenant. Landlord appealed, claiming that the DRA should have considered four unregulated comparable rents that landlord submitted for consideration in setting the fair market rent. The DHCR ruled against landlord. The rents submitted by landlord all took effect six months after tenant moved into the apartment in question. So they couldn't be considered as comparables.

Tenant filed a fair market rent appeal, claiming that the first rent-stabilized rent was greater than the fair market rent. The DRA ruled for tenant. Landlord appealed, claiming that the DRA should have considered four unregulated comparable rents that landlord submitted for consideration in setting the fair market rent. The DHCR ruled against landlord. The rents submitted by landlord all took effect six months after tenant moved into the apartment in question. So they couldn't be considered as comparables.

115 Co., LLC: DHCR Admin. Rev. Dckt. No. OE410101RO (8/7/01) [2-pg. doc.]

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