Landlord Uses Rent of Comparable Apartment in Different Building

Tenant filed a fair market rent appeal. The DRA ruled for tenant and disallowed comparability data submitted by landlord. Landlord appealed. There were no usable comparables in landlord's building. Landlord had submitted comparability data for an apartment in a nearby building that had the same number of rooms as tenant's apartment and a rent that was never challenged. Using the comparable apartment to calculate the fair market rent, the DHCR ruled for landlord. The first rent tenant paid was less than the fair market rent.

Westman Realty c/o Argo Corp.: DHCR Admin. Rev. Dckt. No. JK410232RO (11/4/02) [3-pg. doc.]