Landlord Given Chance to Submit Comparability Data

November 1, 2001

LVT Number: 15357

Tenant complained of a rent overcharge. The DRA treated tenant's complaint as a fair market rent appeal, since tenant was the first rent-stabilized tenant in the apartment. The DRA ruled for tenant, landlord appealed, and the DHCR denied landlord's PAR. Landlord appealed to the court, which sent the case back for reconsideration. The DHCR again ruled for tenant, and landlord appealed again. The court and appeals court ruled against landlord. Landlord claimed that it wasn't given a chance to submit comparability data.

Tenant complained of a rent overcharge. The DRA treated tenant's complaint as a fair market rent appeal, since tenant was the first rent-stabilized tenant in the apartment. The DRA ruled for tenant, landlord appealed, and the DHCR denied landlord's PAR. Landlord appealed to the court, which sent the case back for reconsideration. The DHCR again ruled for tenant, and landlord appealed again. The court and appeals court ruled against landlord. Landlord claimed that it wasn't given a chance to submit comparability data. But the record showed that landlord was given an ample chance to submit comparables when the case was sent back to the DHCR. And the DHCR didn't have to hold a hearing to make its determination.

1781 Riverside LLC v. DHCR: NYLJ, 10/4/01, p. 18, col. 2 (App. Div.1 Dept.; Williams, JP, Andrias, Wallach, Lerner, Marlow, JJ)

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