Landlord Can Submit Comparability Data on Appeal

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant filed a fair market rent appeal. The DRA ruled for tenant and set the fair market rent based on special guidelines only. The DRA ordered landlord to refund $46,000 to tenant. Landlord appealed. During this time, the DHCR amended its rules regarding acceptable comparability data. Landlord now submitted comparables that weren't previously available. Tenant argued that landlord couldn't submit information with its PAR that hadn't been submitted to the DRA. The DHCR ruled for landlord and adjusted its prior determination of the fair market rent. Landlord had to refund only $4,000. In this case, there was good cause for landlord's failure to submit comparability data to the DRA. The landlord had bought the building at a judicial sale and didn't get complete rent records.

Sabrina Equities Corp.: DHCR Adm. Rev. Dckt. No. QH410014RP (12/3/03) [5-pg. doc.]