Tenant Paid Less Than Fair Market Rent

Rent-stabilized tenant filed a fair market rent appeal to challenge the first stabilized rent set for her apartment. The DRA ruled against tenant. The fair market rent was $1,732 per month, and tenant paid only $1,700. Tenant appealed and lost. Tenant claimed comparable rents were below $1,700. But the DRA correctly considered the NYC Rent Guidelines Board special guidelines then in effect and rents for comparable apartments. Landlord had submitted leases showing comparable rents were more than $1,700 per month. Tenant submitted apartment listings that were simply estimates of what renters might pay for apartments. Landlord submitted proof of rents that actually were paid and consented to. Landlord's market comparables therefore were more reliable.

Tenenbaum: DHCR Adm. Rev. Docket No. CR410015RT (2/5/15) [2-pg. doc.]