Landlord Didn't Provide Base Period Data in Comparative Hardship Application

Landlord applied for comparative hardship rent increases. Landlord claimed it hadn't been able to maintain the same average annual net rental income in a current three-year period when compared with the average annual net rental income during a three-year base period. The DRA ruled against landlord. The DRA stated that since the building was a cooperative, the application must use the rental income of all rent-stabilized apartments in the building and the proportionate share of commercial income and allowable operating expenses. Landlord appealed, claiming it sought hardship increases under the alternative application procedure. The DHCR ruled against landlord. The alternative hardship method of calculating rent increases isn't available to cooperative or condominium buildings. And landlord didn't properly follow either of the hardship formulas.Landlord didn't provide base period operating expense data or any current income and expense data, including information regarding the operating expenses of the building for at least a six-year period.

Hidalgo: DHCR Adm. Rev. Dckt. No. CI 110139 RO (1/6/95) [5-page document]