Landlord Can't Submit Comparability Data During PAR

February 1, 2003

LVT Number: 16374

Tenant filed a fair market rent appeal. The DRA ruled for tenant, and landlord appealed. With its PAR, landlord submitted comparability data it had not submitted with its answer to the DRA. The DHCR accepted the comparability data because it was of a type previously unacceptable but now permitted by a change in the Rent Stabilization Law. The DHCR set the rent at a higher amount based on the comparability data. Tenant appealed, claiming that the DHCR's decision was unreasonable. The court ruled for tenant. The DHCR appealed and lost.

Tenant filed a fair market rent appeal. The DRA ruled for tenant, and landlord appealed. With its PAR, landlord submitted comparability data it had not submitted with its answer to the DRA. The DHCR accepted the comparability data because it was of a type previously unacceptable but now permitted by a change in the Rent Stabilization Law. The DHCR set the rent at a higher amount based on the comparability data. Tenant appealed, claiming that the DHCR's decision was unreasonable. The court ruled for tenant. The DHCR appealed and lost. The fact that the law may have changed while landlord's PAR was pending didn't change the fact that new evidence can't be submitted to the DHCR for the first time with a PAR.

Lee v. DHCR: NYLJ, 1/3/03, p. 21, col. 3 (App. Div.1 Dept.; Mazzarelli, JP, Lerner, Rubin, Marlow, Gonzalez, JJ)

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