DHCR Properly Used Special Guidelines to Set Rent

February 1, 1993

LVT Number: 6688

Landlord appealed the DHCR's ruling on tenant's fair market rent appeal. The court dismissed landlord's petition, and landlord appealed to a higher court. The appeals court again dismissed landlord's petition. The DHCR properly followed procedures in the law for setting the fair market rent. Landlord provided no documentation for comparable rents. The fair market rent was, therefore, correctly set under special guidelines permitted by the Rent Stabilization Code and set by the Rent Guidelines Board. The DHCR also reasonably rejected landlord's claim that the apartment was unique.

Landlord appealed the DHCR's ruling on tenant's fair market rent appeal. The court dismissed landlord's petition, and landlord appealed to a higher court. The appeals court again dismissed landlord's petition. The DHCR properly followed procedures in the law for setting the fair market rent. Landlord provided no documentation for comparable rents. The fair market rent was, therefore, correctly set under special guidelines permitted by the Rent Stabilization Code and set by the Rent Guidelines Board. The DHCR also reasonably rejected landlord's claim that the apartment was unique.

[Matter of Mansions: NYLJ, p. 22, col. 2 (1/28/93) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Wallach, Asch, JJ)].

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