Apartment Properly Used as Comparable

Tenant complained that her initial rent-stabilized rent exceeded the fair market rent of the apartment. Landlord submitted proof of comparable rents in response to tenant's complaint. The DRA accepted landlord's proof of comparable rents and used them in calculating the fair market rent. Still, the DRA ruled for tenant, reducing her first stabilized rent from $1,195 to $904. Tenant appealed, claiming one of the comparable rents landlord submitted shouldn't have been used in calculating the fair market rent because tenant of that apartment had also filed and later withdrawn a fair market rent appeal. The DHCR ruled against tenant. The tenant who withdrew his fair market rent appeal had been served with an RR1 form. Given the RR1 service and settlement of his case, the first stabilized rent of the comparable apartment in question was valid.

Holtzberg: DHCR Adm. Rev. Dckt. No. EJ410495RT (7/6/95) [6-page document]