New Comparability Rules Don't Apply

June 30, 2003

LVT Number: 16642

Tenant filed a fair market rent appeal. The DHCR ruled for tenant after refusing to consider comparability data submitted by landlord. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. The DHCR first asked landlord to submit comparability data in 1993. Landlord didn't submit any until 2000, after the case had been appealed twice and sent back to the DHCR by a court. Later in 2000, the Rent Stabilization Code was amended so that landlord's comparability data was for the first time acceptable.

Tenant filed a fair market rent appeal. The DHCR ruled for tenant after refusing to consider comparability data submitted by landlord. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. The DHCR first asked landlord to submit comparability data in 1993. Landlord didn't submit any until 2000, after the case had been appealed twice and sent back to the DHCR by a court. Later in 2000, the Rent Stabilization Code was amended so that landlord's comparability data was for the first time acceptable. The court upheld the DHCR's decision that it would be unfair to tenant to accept landlord's comparability data under these circumstances, especially since landlord didn't explain why it waited seven years to submit comparables.

Woodcrest Mgmt. v. DHCR: NYLJ, 6/2/03, p. 19, col. 3 (App. Div. 1 Dept.; Tom, JP, Saxe, Ellerin, Williams, Marlow, JJ)

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