Opinion
April 10, 1995
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the judgment is affirmed, with costs.
In a fair-market-rent appeal pursuant to the Rent Stabilization Code ( 9 NYCRR 2522.3), an owner of a housing accommodation may, at his or her option, provide the Division of Housing and Community Renewal (hereinafter DHCR) with market rents in effect for other comparable housing accommodations dating back more than four years from the registration date of the initial lease for the housing accommodation in question (see, Rent Stabilization Code [9 N.Y.CRR] § 2522.3 [e]). However, the petitioner failed to provide the respondent DHCR with any comparability data after he was afforded the opportunity to do so. Therefore, the DHCR's determination of the fair market rent, which was determined by relying solely upon the special rent guidelines promulgated pursuant to the Rent Stabilization Law, was neither arbitrary nor capricious (see, Matter of Janoff Olshan v Division of Hous. Community Renewal, 203 A.D.2d 291).
The petitioner's remaining contentions are without merit. Miller, J.P., O'Brien, Krausman and Florio, JJ., concur.