Rent of Renovated Apartment Can Be Used as Comparable

Tenant filed a fair market rent appeal. The DRA ruled against tenant. A comparable rent for a similar apartment in the building was greater than tenant's rent. Tenant appealed, claiming that the other apartment wasn't comparable. The DHCR ruled against tenant. The fact that the other apartment may have been renovated didn't bar its use as a comparable apartment. The Special Guidelines rent was $428, and the comparable rent was $977. Since this was greater than tenant's initial $750 rent, tenant's rent didn't exceed the fair market rent.

Larsen: DHCR Admin. Rev. Dckt. No. QG410065RT (9/6/02) [3-pg. doc.]