Landlord Can Use Apartment with Fewer Rooms as Comparable

LVT Number: 14278

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DHCR found that tenant's complaint should be treated as a fair market rent appeal and reduced tenant's initial rent-stabilized rent. However, the DHCR permitted landlord to submit, as a comparable rent, the rent of an apartment in tenant's building that had fewer rooms than tenant's apartment.

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DHCR found that tenant's complaint should be treated as a fair market rent appeal and reduced tenant's initial rent-stabilized rent. However, the DHCR permitted landlord to submit, as a comparable rent, the rent of an apartment in tenant's building that had fewer rooms than tenant's apartment.

Miller: DHCR Adm. Rev. Dckt. No. OE410004RP (5/22/00) [6-pg. doc.]

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