Landlord Didn't Prove When Comparable Apartment Became Rent Stabilized

May 31, 2002

LVT Number: 15838

Tenant filed a fair market rent appeal. The DHCR ruled for tenant. Landlord appealed, claiming that when calculating the fair market rent, the DHCR didn't consider comparable rents landlord had submitted. The court and appeals court ruled against landlord. Landlord had submitted no proof of when comparable apartments became rent stabilized. So the DHCR's decision to reject the comparables was proper under the guidelines for considering comparable rents set forth in the Rent Stabilization Code.

Tenant filed a fair market rent appeal. The DHCR ruled for tenant. Landlord appealed, claiming that when calculating the fair market rent, the DHCR didn't consider comparable rents landlord had submitted. The court and appeals court ruled against landlord. Landlord had submitted no proof of when comparable apartments became rent stabilized. So the DHCR's decision to reject the comparables was proper under the guidelines for considering comparable rents set forth in the Rent Stabilization Code.

Essex House v. DHCR: NYLJ, 5/20/02, p. 31, col. 4 (App. Div.2 Dept.; Ritter, JP, Smith, Luciano, Crane, JJ)

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