Units Couldn't Be Used as Comparables

Tenant complained of a rent overcharge. Tenant was the first rent-stabilized tenant in the apartment. The DRA converted tenant's complaint into a fair market rent appeal and ruled for tenant. The DRA set the initial rent for the apartment by using the special rent guideline only. The DRA rejected landlord's comparability data, and landlord appealed. The DHCR ruled against landlord. The apartments for which landlord submitted ''comparable'' rents were first occupied by stabilized tenants more than four years prior to the date when tenant moved in. Therefore they were too old to properly compare to tenant's first stabilized rent.

Subasic: DHCR Adm. Rev. Dckt. No. HB 110007 RO (5/15/95) [3-page document]