Landlord Can't Get New Chance to Submit Comparability Data

Tenant filed a fair market rent appeal in 1987, challenging the first rent-stabilized rent of his apartment. The DRA ruled for tenant in 1994, and landlord appealed. The DHCR ruled against landlord in 1998. Landlord then appealed to the court and asked for a chance to submit comparability data allowed under the Rent Regulation Reform Act of 1997. The court sent the case back to the DHCR for further processing. The DHCR again ruled against landlord in May 2000. Landlord brought another court challenge. The court again sent the case back to the DHCR after finding that the DHCR didn't properly consider a lease for a comparable apartment submitted by landlord. The DRA again ruled against landlord, and landlord appealed again. Landlord now requested a chance to submit comparability data as provided for in the Rent Stabilization Code as amended in December 2000. The DHCR ruled against landlord. It would be unfair to tenant to permit landlord yet another chance to submit new comparability data more than 10 years after tenant first filed his complaint.

Woodcrest Mgmt.: DHCR Adm. Rev. Dckt. No. PD410001RP (8/17/01) [6-pg. doc.]