DHCR Properly Set Apartment Rent

February 1, 2001

LVT Number: 14707

Tenant complained of a rent overcharge. The DHCR processed the complaint as a fair market rent appeal, since tenant was the first rent-stabilized tenant. The DHCR found that tenant's first rent was in excess of the fair market rent. Landlord appealed, claiming that the DHCR's decision was unreasonable because it set the fair market rent for tenant's apartment at less than rents for smaller apartments in the building. The court ruled against landlord. The DHCR's decision was reasonable.

Tenant complained of a rent overcharge. The DHCR processed the complaint as a fair market rent appeal, since tenant was the first rent-stabilized tenant. The DHCR found that tenant's first rent was in excess of the fair market rent. Landlord appealed, claiming that the DHCR's decision was unreasonable because it set the fair market rent for tenant's apartment at less than rents for smaller apartments in the building. The court ruled against landlord. The DHCR's decision was reasonable. The agency properly set the rent using special guidelines, since landlord didn't submit usable information regarding possible comparable rents.

Tzfil Realty Corp. v. DHCR: NYLJ, 1/3/01, p. 25, col. 1 (Sup. Ct. Queens; Milano, J)

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