DHCR Couldn't Use Landlord's Comparability Data

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced his first stabilized rent. The DRA used only special rent guidelines to determine the fair market rent. Landlord appealed, claiming that the DRA should have used the comparability data he submitted. The DHCR ruled against landlord. The rent stabilization code states that data is acceptable only for comparable rents established within four years before or one year after the rent of the apartment in question. Neither of the other two apartments in tenant's line became rent-stabilized during the required window period. Also, the apartments in the other buildings listed by landlord weren't usable because landlord didn't provide information on the complete line of those apartments.

Cioffi: DHCR Admin. Rev. Dckt. No. FF610164RO (4/11/96) [4-page document]