DRA Used Correct Section 8 Rent to Set Fair Market Rent

Tenant filed a fair market rent appeal. Her initial rent was $1,300 per month. Landlord submitted HUD Section 8 fair market rent data setting the rent at $1,289 per month for three-bedroom apartments, where the cost of gas or electricity isn't included in the rent. Landlord also submitted proof of apartment improvements costing $5,000. The DRA ruled against tenant. Based on the HUD guidelines and the apartment improvement, landlord was entitled to a fair market rent of $1,414. This was less than the rent charged tenant. Tenant appealed, claiming that the DRA used incorrect HUD information. The DHCR ruled against tenant. The DRA used the correct Section 8 fair market rent figure issued by HUD and used by NYCHA and the New York City Rent Guidelines Board.

Casey: DHCR Adm. Rev. Dckt. No. RG410007RT (1/20/04) [4-pg. doc.]