Landlord Needn't Submit Entire Line of Comparable Apartments

Tenant filed a fair market rent appeal, challenging the first rent-stabilized rent of his apartment. Landlord submitted comparability data for use by the DRA in calculating rents. The DRA ruled for tenant and found that the rent was greater than the fair market rent. Landlord was ordered to refund $16,600 to tenant. Landlord appealed. The DRA didn't use a comparable market rent submitted by landlord because landlord didn't submit rents for the entire line of apartments. Landlord claimed that this was an error. The DHCR ruled for landlord. When submitting market rents as comparables, there is no requirement that rents for the entire line be submitted. Using the comparable rent, the total refund due tenant was $700.

Carlyle Apts. Co.: DHCR Adm. Rev. Dckt. No. MG110046RO (6/19/00) [2-pg. doc.]