DHCR Correctly Calculated Fair Market Rent

January 1, 2001

LVT Number: 14634

Tenant complained to the DHCR that the first rent-stabilized rent for his apartment was in excess of the fair market rent. The DHCR ruled for tenant. Landlord appealed, claiming that a prior court ruling barred tenant's complaint and that, in any event, the DHCR didn't correctly calculate the fair market rent. The court and appeals court ruled against landlord. Tenant's court settlement agreement with landlord permitted him to maintain his fair market rent appeal. The DHCR correctly used the special guideline alone, since landlord didn't submit any comparable rents.

Tenant complained to the DHCR that the first rent-stabilized rent for his apartment was in excess of the fair market rent. The DHCR ruled for tenant. Landlord appealed, claiming that a prior court ruling barred tenant's complaint and that, in any event, the DHCR didn't correctly calculate the fair market rent. The court and appeals court ruled against landlord. Tenant's court settlement agreement with landlord permitted him to maintain his fair market rent appeal. The DHCR correctly used the special guideline alone, since landlord didn't submit any comparable rents. The DHCR also gave landlord credit for MBR increases that it didn't even collect.

Har Holding v. Lynch: NYLJ, 12/18/00, p. 25, col. 3 (App. Div.1 Dept.; Rosenberger, JP, Williams, Tom, Ellerin, Wallach, JJ)

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