HUD Schedule of Fair Market Rents Used to Set Rent

December 1, 2005

LVT Number: 18490

Landlord asked the DHCR to determine the legal rent for tenant's apartment. A court had ruled that tenant's apartment was rent stabilized. Previously, tenant had received preferential or sweetheart arrangement rents. The DRA applied HUD's 2004 Schedule of Fair Market Rents and set tenant's rent at $1,073. Landlord appealed. Landlord said the base year for setting the legal rent should be 1995, not 2004, and that the DRA should have accepted landlord's comparability data. The DHCR ruled against landlord. The four-year rule applied. So the DRA couldn't go back to 1995 in setting the rent.

Landlord asked the DHCR to determine the legal rent for tenant's apartment. A court had ruled that tenant's apartment was rent stabilized. Previously, tenant had received preferential or sweetheart arrangement rents. The DRA applied HUD's 2004 Schedule of Fair Market Rents and set tenant's rent at $1,073. Landlord appealed. Landlord said the base year for setting the legal rent should be 1995, not 2004, and that the DRA should have accepted landlord's comparability data. The DHCR ruled against landlord. The four-year rule applied. So the DRA couldn't go back to 1995 in setting the rent. Landlord submitted insufficient supporting documentation for the claimed comparable rents.

W 54-7 LLC: DHCR Adm. Rev. Dckt. No. TA420026RO (10/28/05) [3-pg. doc.]

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