Section 8 Rent Can Be Used as Comparable
LVT Number: 15691
Tenant filed a fair market rent appeal. The DRA ruled against tenant. Tenant appealed, claiming that the DRA shouldn't have used a Section 8 rent as a comparable rent. The DHCR ruled against tenant. ETPA apartments don't lose their status by being subject to a Section 8 rent subsidy. A Section 8 rent is lower than the legal regulated rent, so using the Section 8 rent as a comparable is valid.
Alpert: DHCR Admin. Rev. Dckt. No. PI910004RT (1/22/02) [6-pg. doc.]