Landlords Seek Higher ETPA Rents Based on Unique and Peculiar Circumstances

May 31, 2007

LVT Number: 19632

Landlords of several buildings in Long Beach asked the DHCR to increase rent-stabilized rents in their buildings based on unique and peculiar circumstances. Landlords claimed that rents in these buildings were substantially different from rents generally prevailing for the same or similar apartments in the area. The DHCR ruled against landlords. They appealed, claiming that the DHCR's decision was unreasonable. The court sent the case back to the DHCR and ordered further consideration of landlords' applications. The DHCR then ruled that the cases should be sent back to the DRA.

Landlords of several buildings in Long Beach asked the DHCR to increase rent-stabilized rents in their buildings based on unique and peculiar circumstances. Landlords claimed that rents in these buildings were substantially different from rents generally prevailing for the same or similar apartments in the area. The DHCR ruled against landlords. They appealed, claiming that the DHCR's decision was unreasonable. The court sent the case back to the DHCR and ordered further consideration of landlords' applications. The DHCR then ruled that the cases should be sent back to the DRA. Landlords needed to submit further proof of comparable rents to support their claim. And tenants must be given the chance to respond.

Paulsen Real Estate Corp.: DHCR Adm. Rev. Docket Nos. VB710002RP-VB710006RP (2/20/07) [3-pg. doc.]

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