DHCR Used Landlord's Comparability Data

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced his rent. The initial stabilized rent for tenant's apartment was determined by use of the special rent guideline only. The DRA rejected the comparability data submitted by landlord, and landlord appealed. The DHCR ruled against landlord, finding that the supposedly comparable rents from two apartments in a neighboring building were improper to use to set the fair market rent. Landlord appealed again. The court found that the DHCR didn't sufficiently explain to landlord what supporting documents were needed to submit with the comparability data. The court sent the case back to the DHCR to give landlord the opportunity to submit more information. Landlord then submitted supporting documents, which included a rent data chart for a similar line of apartments in the neighboring building as well as copies of the initial registrations for two comparable apartments in that line with proof of service on the tenants. The DHCR accepted landlord's comparability data from the other building and took this into account in calculating the rent.

Zevzal Realty Associate: DHCR Adm. Rev. Dckt. Nos. JC 110005 RP; EC 110508 RO (5/26/95) [5-page document]