Landlord Uses Comparable Rent from Neighboring Building

Tenant filed a fair market rent appeal. The DRA ruled for tenant and ordered landlord to refund $47,000. Landlord appealed, claiming that it wasn't given a proper chance to submit comparability data. Landlord offered comparability data for an apartment in a neighboring building. Tenant objected, claiming that the comparability data was from a building too far away. The DHCR ruled for landlord and permitted use of the neighborhood comparable. Both apartments were in the neighborhood known as the West Village and are comparable. The total refund due tenant was reduced to $19,000.

Goldman: DHCR Adm. Rev. Dckt. No. OE410006RP (9/8/00) [4-pg. doc.]