DHCR Won't Consider Comparability Data Submitted on Appeal

April 1, 2004

LVT Number: 17231

Tenant filed a fair market rent appeal. The DRA ruled for tenant, and landlord appealed. Landlord submitted comparability data for another apartment for the first time on appeal. The DHCR ruled against landlord. Landlord challenged the DHCR's ruling in court and lost. The DHCR's decision was reasonable. Generally, new proof can't be submitted with a PAR. Although the law concerning acceptable comparability data was changed in landlords' favor in 1997, the comparability data in question were acceptable even before the law changed.

Tenant filed a fair market rent appeal. The DRA ruled for tenant, and landlord appealed. Landlord submitted comparability data for another apartment for the first time on appeal. The DHCR ruled against landlord. Landlord challenged the DHCR's ruling in court and lost. The DHCR's decision was reasonable. Generally, new proof can't be submitted with a PAR. Although the law concerning acceptable comparability data was changed in landlords' favor in 1997, the comparability data in question were acceptable even before the law changed. Landlord offered no explanation for not submitting the comparability data to the DRA.

Hufnagil v. DHCR: NYLJ, 3/31/04, p. 21, col. 1 (Sup. Ct. NY; Schlesinger, J)

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