Landlord Can't Use Rent Roll as Comparability Data

Tenant filed a fair market rent appeal. Landlord receiver responded and submitted comparability data. The DRA ruled for tenant and rejected the comparability data. Landlord appealed and lost. Landlord didn't prove that the comparables submitted were decontrolled by a vacancy and weren't themselves subject to fair market rent appeals. Landlord's submissions of a rent roll listing the rents registered in 1994 didn't establish that the apartments qualified as comparables.

Sheehan: DHCR Adm. Rev. Dckt. No. KG410094RO (3/1/00) [4-pg. doc.]