Landlord Didn't Submit Leases for Comparable Apartments

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't submit copies of a comparable lease and prior tenant's lease. Landlord appealed, claiming he had sent the comparable leases requested by the DRA. The DHCR ruled against landlord. Vacancy guidelines in effect in Yonkers for the period between Oct. 1, 1990, and Sept. 30, 1991, allowed landlord to increase tenant's rent to the highest rent of a comparable size apartment in the building or complex. Landlord never submitted proof of the comparable rents to the DRA. Although landlord submitted comparable leases with its PAR, these couldn't be considered for the first time on appeal.

Yemay/Prime Locations: DHCR Adm. Rev. Dckt. No. GJ920006RO (4/28/99) [3-pg. doc.]