New Comparability Rules Don't Apply

November 1, 1996

LVT Number: 10983

Facts: Tenant filed a fair market rent appeal. The DRA reduced tenant's first stabilized rent from $875 to $630.49 and ordered a refund of over $9,000. Landlord appealed. The DHCR ruled against landlord, and landlord appealed to the court. Landlord claimed that the DHCR didn't consider all comparable rents eligible for use under 1984 and 1987 amendments to the rent stabilization code. Under the revised code, comparables could be submitted from a five-year period rather than the previous two-year period. Court: Landlord loses.

Facts: Tenant filed a fair market rent appeal. The DRA reduced tenant's first stabilized rent from $875 to $630.49 and ordered a refund of over $9,000. Landlord appealed. The DHCR ruled against landlord, and landlord appealed to the court. Landlord claimed that the DHCR didn't consider all comparable rents eligible for use under 1984 and 1987 amendments to the rent stabilization code. Under the revised code, comparables could be submitted from a five-year period rather than the previous two-year period. Court: Landlord loses. Tenant's fair market rent appeal was filed before April 1, 1984, and so is governed by the law and regulations in effect at that time.

Jemrock Realty Co. v. DHCR: NYLJ, p. 21, col. 5 (10/9/96) (Sup. Ct. NY; Cozier, J)

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