DHCR Properly Set Initial Rent

November 1, 1996

LVT Number: 10982

Tenant filed a fair market rent appeal challenging the first rent-stabilized rent charged for his apartment. The DRA ruled for tenant and reduced his first rent. Landlord appealed. The DHCR and the court ruled against landlord. The court found that the DHCR's ruling was reasonable. The DHCR set the first rent based only on special rent guidelines, since landlord submitted no comparable rent data or any proof of claimed apartment improvements until it filed its PAR. Since landlord offered no excuse for not submitting this information to the DRA, the DHCR properly rejected the documents.

Tenant filed a fair market rent appeal challenging the first rent-stabilized rent charged for his apartment. The DRA ruled for tenant and reduced his first rent. Landlord appealed. The DHCR and the court ruled against landlord. The court found that the DHCR's ruling was reasonable. The DHCR set the first rent based only on special rent guidelines, since landlord submitted no comparable rent data or any proof of claimed apartment improvements until it filed its PAR. Since landlord offered no excuse for not submitting this information to the DRA, the DHCR properly rejected the documents.

E.G.A. Assocs. Inc. v. DHCR: NYLJ, p. 25, col. 1 (10/31/96) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Rubin, Ross, Williams, JJ)

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