Landlord Can Use Comparable Apartment in Neighboring Building

Tenant complained of a rent overcharge. Tenant was the first rent-stabilized tenant of the apartment, so the DRA converted the complaint into a fair market rent appeal. The DRA ruled for tenant and landlord appealed. Landlord claimed it wasn't given the opportunity to submit comparability data. The DHCR reopened the case. The DRA ruled for landlord, including landlord's comparability data in the calculation of the fair market rent. Tenant then appealed, claiming that the comparable apartment shouldn't have been used because it was in a different building which provided different services and was closer to the neighborhood subway. The DHCR ruled against tenant. The fact that the comparable apartment may have been in a building closer to the subway was insignificant. Tenant's apartment was close to the comparable apartment and was a similar apartment.

Primavera: DHCR Adm. Rev. Dckt. No. IL510015RT (1/17/95) [4-page document]