DHCR Can Consider Non-Basement Apartments as Comparables

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced his initial rent-stabilized rent. Tenant appealed, claiming that the DRA improperly used other apartments as comparable units for purposes of setting the fair market rent, when these units weren't comparable. Tenant's apartment was in the basement and had some service defects. The DHCR ruled against tenant. The DRA properly used apartments with the same number of rooms as apartments comparable to tenant's. It didn't matter that tenant's apartment was in the basement or that there were service issues.

Joseph: DHCR Adm. Rev. Dckt. Nos. RB120045RT & QG120062RT (6/24/03) [3-pg. doc.]