Comparable Rents Considered

Tenant filed a fair market rent appeal. Landlord submitted comparability data for apartments in tenant's line, some other lines in the building, and for other apartments in two neighborhood buildings. The DRA ruled for tenant and reduced his rent from $2,291 to $2,101. Landlord and tenant both appealed. Landlord claimed that the DRA didn't properly apply comparables. Tenant claimed that certain comparables should be excluded. The DHCR ruled for landlord and against tenant. The unchallenged rent in effect for another four-room apartment in the building on the date tenant moved in was $2,638. Since this comparable rent was greater than the $1,213 rent under Special Guidelines, it was the fair market rent. Tenant's complaint was dismissed.

Pix Record Co./Kalos: DHCR Adm. Rev. Dckt. Nos. MJ410039RO & ML410016RT (8/5/04) [4-pg. doc.]