DHCR Properly Considered Landlord's Comparable Rent Data

(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 in 1991. The DRA ruled for tenant and reduced her initial rent from $800 to $617. Landlord appealed. The DHCR ruled for landlord in 2000. Comparable rent data submitted by landlord proved that tenant's initial rent didn't exceed the fair market rent. Tenant appealed, claiming that the DHCR improperly used comparables that were permitted only after the applicable law changed in 1997. Tenant also claimed that she was unfairly affected by the DHCR's long delay in deciding her case. The court ruled against tenant. The DHCR's decision was reasonable. Landlord submitted proof of comparable rents that weren't contested within four years. Since 1997, landlord didn't have to prove that tenants of the comparable apartments received RR-1 forms. As the DHCR determined, the new law applied to pending cases. And landlord had submitted this comparability data to the DRA. It didn't submit new evidence with its PAR. So tenant couldn't claim that the DHCR's delay had any improper effect.

Jaffe v. DHCR: Index No. 107928/00 (Sup. Ct. NY 10/15/04; Madden, J) [11-pg. doc.]