Apartment Rejected as Comparable

December 1, 1996

LVT Number: 11058

Tenant filed a fair market rent appeal, challenging the first stabilized rent of his apartment. The DHCR ruled for tenant and reduced his rent. Landlord appealed, claiming that DHCR improperly rejected comparable apartments in its determination of the fair market rent. The court ruled against landlord and dismissed his Article 78 petition. Landlord appealed. The appeals court again ruled against landlord. The apartment landlord claimed was comparable to tenant's was properly rejected because it was occupied by landlord for more than a year after 1953.

Tenant filed a fair market rent appeal, challenging the first stabilized rent of his apartment. The DHCR ruled for tenant and reduced his rent. Landlord appealed, claiming that DHCR improperly rejected comparable apartments in its determination of the fair market rent. The court ruled against landlord and dismissed his Article 78 petition. Landlord appealed. The appeals court again ruled against landlord. The apartment landlord claimed was comparable to tenant's was properly rejected because it was occupied by landlord for more than a year after 1953. So current tenant of the other apartment wasn't the first decontrolled tenant and that apartment wasn't subject to a fair market rent appeal.

Fichera v. DHCR: NYLJ, p. 26, col. 1 (11/12/96) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Kupferman, Ross, Mazzarelli, JJ)

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