DRA Didn't Include All Comparables in Calculating Rent

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced the apartment's first stabilized rent from $300 to $295. Landlord appealed, claiming that the comparable rents submitted averaged out to $355, not $345, because electricity was included in rents at the building and because the DRA didn't include all of the submitted comparables in calculating the fair market rent. The DHCR ruled for landlord. The DRA didn't credit landlord with all of the qualified comparables and didn't include the electrical inclusion allowances when updating the comparable rents. The recalculated rent was $300, which was the amount charged by landlord.

Siegel/Clarendon Mgmt.: DHCR Adm. Rev. Dckt. Nos. EA410239RT, EB410014RO (4/12/96) [3-page document]