Rents Submitted Weren't of Comparable Apartments

Tenant complained that the first stabilized rent for his apartment was greater than the fair market rent. The DRA ruled for tenant, and landlord appealed, claiming that the DRA didn't consider proof of comparable rents before setting the apartment's fair market rent. The DHCR ruled against landlord. The rents that landlord submitted for comparison weren't comparable rents under the DHCR's formula. One apartment had been rent-stabilized for too long to be comparable. Two other apartments had three rooms, while tenant's apartment had only two rooms. The three-room apartments also had greater square footage than tenant's apartment.

623 9th Avenue Assocs.: DHCR Adm. Rev. Dckt. No. HL510018RO (4/9/98) [4-page document]