Landlord's Comparability Data Defective

Tenant complained of a rent overcharge. Since the prior tenant was rent-controlled, the DRA treated tenant's complaint as a fair market rent appeal. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming the DRA ignored its proof of similar rents in the building. The DHCR ruled against landlord. Landlord didn't submit usable comparability data. Landlord submitted proof of 1974 maximum base rents for apartments in the same line. To get a fair market rent, landlord then added 15 percent to the maximum base rents for each year between June 30, 1974, and the date tenant moved in. This wasn't acceptable comparability data. Data on rent-stabilized, not rent-controlled, apartments must be used. Landlord also didn't submit proof as to when two of these apartments were decontrolled.

1680 Ocean Avenue, Apt. 4K: DHCR Adm. Rev. Dckt. No. HI 210004-RO (12/24/93) [3-page document]