Tenant Complaint Needn't Include Supporting Facts

April 1, 1993

LVT Number: 6838

The DHCR ruled for tenant on a fair market rent appeal and ordered landlord to refund over $10,000 to tenant. Landlord appealed, arguing that tenant didn't give factual support for his claim that the first stabilized rent of his apartment exceeded the fair market rent. Landlord claimed that this was required by the rent stabilization code. The court agreed with the DHCR's interpretation of the code. Tenants may submit facts supporting a fair market rent appeal, but aren't required to do so because it's very difficult for tenants to get comparative rent data.

The DHCR ruled for tenant on a fair market rent appeal and ordered landlord to refund over $10,000 to tenant. Landlord appealed, arguing that tenant didn't give factual support for his claim that the first stabilized rent of his apartment exceeded the fair market rent. Landlord claimed that this was required by the rent stabilization code. The court agreed with the DHCR's interpretation of the code. Tenants may submit facts supporting a fair market rent appeal, but aren't required to do so because it's very difficult for tenants to get comparative rent data. Landlord's appeal was dismissed.

Matter of Chinitz: NYLJ, p. 21, col. 5 (3/11/93) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Rosenberger, Asch, Rubin, JJ)

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