Landlord Didn't Submit - Comparability Data

April 30, 1995

LVT Number: 9651

Tenant filed a fair market rent appeal challenging the first stabilized rent for his apartment. The DHCR ruled for tenant and reduced the rent. Landlord appealed, claiming that the DHCR's decision was unfair. The court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. DHCR's determination of the fair market rent solely based on the special rent guidelines issued under the rent stabilization law was neither arbitrary nor capricious.

Tenant filed a fair market rent appeal challenging the first stabilized rent for his apartment. The DHCR ruled for tenant and reduced the rent. Landlord appealed, claiming that the DHCR's decision was unfair. The court ruled against landlord and landlord appealed. The appeals court again ruled against landlord. DHCR's determination of the fair market rent solely based on the special rent guidelines issued under the rent stabilization law was neither arbitrary nor capricious. Landlord didn't submit comparability data, i.e., proof of market rents in effect for other similar apartments, to the DHCR.

Ardito v. DHCR: NYLJ, p. 29, col. 6 (4/14/95) (App. Div. 2 Dept.; Miller, JP, O'Brien, Krausman, Florio, JJ)

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