Landlord Didn't Submit Comparability Data

April 30, 1994

LVT Number: 8727

Tenant filed a fair market rent appeal, challenging the initial legal regulated rent of her rent-stabilized apartment. The DHCR ruled for tenant and set her first stabilized rent using special guidelines issued under the rent stabilization law. The fair market rent for tenant's apartment was $150 less than what she'd paid under her lease. Landlord appealed, and the DHCR reopened the case to give landlord the opportunity to submit comparability data. But the only comparable rents landlord submitted were for rent-controlled apartments.

Tenant filed a fair market rent appeal, challenging the initial legal regulated rent of her rent-stabilized apartment. The DHCR ruled for tenant and set her first stabilized rent using special guidelines issued under the rent stabilization law. The fair market rent for tenant's apartment was $150 less than what she'd paid under her lease. Landlord appealed, and the DHCR reopened the case to give landlord the opportunity to submit comparability data. But the only comparable rents landlord submitted were for rent-controlled apartments. Those rents couldn't be used in calculating the fair market rent. The DHCR didn't change its ruling, and landlord again appealed. The court and appeals court ruled against landlord. Landlord didn't submit comparability data, although given the opportunity to do so.

Matter of Janoff & Olshan, Inc.: NYLJ, p. 33, col. 6 (4/11/94) (App. Div. 2 Dept.; Lawrence, JP, Joy, Friedmann, Krausman, JJ)

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