Comparable Apartments Had Higher Rents

LVT Number: 15769

Tenant filed a fair market rent appeal. The DRA ruled against tenant, finding that tenant's initial $840 rent was less than the fair market rent. Tenant appealed, claiming that her apartment contained one room, while the apartment landlord submitted as a comparable unit for comparison of rents was a two-room apartment. The DHCR ruled against tenant. Rent registration records showed that tenant's apartment was a two-room apartment. But even if it was a one-room apartment, there were other one-room apartments in the building that were either $880 or $890 per month.

Tenant filed a fair market rent appeal. The DRA ruled against tenant, finding that tenant's initial $840 rent was less than the fair market rent. Tenant appealed, claiming that her apartment contained one room, while the apartment landlord submitted as a comparable unit for comparison of rents was a two-room apartment. The DHCR ruled against tenant. Rent registration records showed that tenant's apartment was a two-room apartment. But even if it was a one-room apartment, there were other one-room apartments in the building that were either $880 or $890 per month. So tenant's rent was still less than the fair market rent.

Gantos: DHCR Admin. Rev. Dckt. No. PH410012RT (2/28/02) [2-pg. doc.]

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