Landlord Didn't Submit Usable Comparability Data

Tenant filed an objection to the registration, claiming that his apartment wasn't properly registered for 1984. The DHCR told landlord that it would treat tenant's complaint as a fair market rent appeal, and asked landlord to submit a rental history and comparability data. Landlord claimed that none of the apartments in tenant's line met the requirements for comparability, so it submitted data for other apartments in the building. Landlord also submitted ''market rent'' data for apartments in other buildings by including an affidavit from a real estate broker containing a list of comparable apartments that broker had rented in the area. The DRA set the first rent according to the special fair market rent guideline, which resulted in a rent overcharge of about $7,000. Landlord appealed, and lost. Landlord's comparability data was defective. Landlord didn't submit DC-2 notices or RR-1 forms to show that the time to file a fair market rent appeal for the comparable apartments had expired. And the afficavit of a real estate broker on comparable apartments can't be used to prove comparable rents.

35 Orange St., Apt. 5B: DHCR Adm. Rev. Dckt. No. ED 210244-RO (11/2/94) [4-page document]