Landlord Can't Submit Comparability Data on Appeal

Tenant filed a fair market rent appeal. The DRA ruled for tenant, finding that the rent landlord charged the first stabilized tenant was greater than the last maximum base rent (MBR) increased by the special rent guidelines used to calculate fair market rents. The DHCR sent the case back to the DRA for further processing based on a technical error. After the DRA reissued its order, landlord appealed and submitted for the first time comparability data for other apartments, which it claimed should be used to recalculate the fair market rent. The DHCR ruled against landlord. Landlord offered no explanation for why it had never looked for or offered this proof during the eight years the case had been pending before the DRA. Without a reasonable excuse, the DHCR couldn't consider landlord's new proof for the first time on appeal.

319 E. 50th St. Assocs.: DHCR Adm. Rev. Dckt. No. FK410329RO (5/15/98) [3-page document]