Landlord Can Use Former Super's Apartment as Comparable

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenant filed a fair market rent appeal, claiming that the initial legal rent charged for his rent-stabilized apartment was too high. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the DRA didn't include the rent of a former superintendent's apartment as a comparable apartment in calculating tenant's fair market rent. Tenant argued that the super's apartment wasn't eligible for consideration as a comparable because that apartment was never subject to a fair market rent appeal. The DHCR ruled for landlord. The rent stabilization code provisions governing the time periods from which comparable rents may be included weren't intended to exclude legal regulated rents which were never subject to challenge. The initial rent for the comparable apartment was set following an exemption period based on the superintendent's occupancy. The initial rent for that apartment wasn't subject to a fair market rent appeal, but it was established within one year after tenant's rent was set. Therefore it qualified as a comparable rent.

Page Management Co.: DHCR Adm. Rev. Dckt. Nos. KA410006RP, BC410077RO (2/7/96) [6-page document]