Landlord Submitted Unusable Comparable Rents

Facts: Rent-stabilized tenant filed a fair market rent appeal in 1985. His monthly rent was $500. The apartment had been registered as rent-controlled in April 1984 at a monthly rent of approximately $250. Landlord submitted no proof that the first stabilized tenant had been served with a notice regarding the prior status of the apartment. Landlord also submitted comparable rents to calculate tenant's fair market rent. The DRA ruled for tenant and reduced the first stabilized rent for the apartment to $350. The DRA found that landlord's comparability data was insufficient and not usable to calculate tenant's lawful rent. The DHCR denied landlord's PAR of the DRA decision. Landlord appealed. Court: Landlord loses. Landlord submitted only a copy of the 1986 annual registration for one supposedly comparable apartment. Landlord's documents also didn't include proof of the dates of decontrol for the apartments claimed as comparables. Landlord also didn't provide data for the complete lines of apartments in which comparables were claimed. The DHCR's rejection of landlord's comparability data was therefore reasonable.

Chios Realty v. DHCR: NYLJ, p. 30, col. 3 (6/26/96) (Sup. Ct. Queens; Pollizi, J)