Rent for Comparable Apartment Considered

Tenant filed a fair market rent appeal challenging the first rent-stabilized rent for his apartment. The DRA ruled against tenant, finding that his rent wasn't greater than the fair market rent. Tenant appealed, claiming that the rent the DRA used as a comparable to set the fair market rent was not actually comparable because its rent history was different from that of his apartment. The DHCR ruled against tenant. The DRA properly applied current DHCR methods for setting the fair market rent. The fair market rent is the greater of the special guidelines amount and the rent already collected for a comparable apartment, usually the highest registered rent of a comparable apartment in the same building.

Chen: DHCR Adm. Rev. Dckt. No. SB410011RP (3/24/04) [3-pg. doc.]