Rent Set Using Special Guidelines

May 31, 1997

LVT Number: 11499

Tenant filed a fair market rent appeal challenging the first rent-stabilized rent charged for his apartment. The DHCR ruled for tenant and reduced his rent. Landlord appealed, claiming that the DHCR's ruling was arbitrary and capricious. The court and appeals court ruled against landlord. Landlord didn't submit any proof of comparable rents, even though given the chance to do so. So it was reasonable for the DHCR to use only special rent guidelines issued by the Rent Guidelines Board under the Rent Stabilization Law in setting the fair market rent.

Tenant filed a fair market rent appeal challenging the first rent-stabilized rent charged for his apartment. The DHCR ruled for tenant and reduced his rent. Landlord appealed, claiming that the DHCR's ruling was arbitrary and capricious. The court and appeals court ruled against landlord. Landlord didn't submit any proof of comparable rents, even though given the chance to do so. So it was reasonable for the DHCR to use only special rent guidelines issued by the Rent Guidelines Board under the Rent Stabilization Law in setting the fair market rent.

Chios Realty Co. v. DHCR: NYLJ, p. 29, col. 1 (5/23/97) (App. Div. 2 Dept.; Bracken, JP, Sullivan, Santucci, Altman, JJ)

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