DHCR Uses Rent of Comparable Apartment to Set Rent

January 1, 2003

LVT Number: 16304

Tenant filed a fair market rent appeal. The DRA ruled against tenant. Tenant appealed and lost. The fair market rent under Special Guidelines was $530. But the unchallenged rent for a comparable apartment in tenant's building was $822. Since this amount was higher than tenant's $800 initial rent, the rent wasn't in excess of the fair market rent.

Tenant filed a fair market rent appeal. The DRA ruled against tenant. Tenant appealed and lost. The fair market rent under Special Guidelines was $530. But the unchallenged rent for a comparable apartment in tenant's building was $822. Since this amount was higher than tenant's $800 initial rent, the rent wasn't in excess of the fair market rent.

Acosta: DHCR Admin. Rev. Dckt. No. QE410095RT (11/7/02) [2-pg. doc.]

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