Opinion
January 26, 1993
Appeal from the Supreme Court, New York County (Walter Schackman, J.).
Respondents properly followed the specific statutory procedures for determining the fair market rent for the instant apartment (see, Administrative Code of City of N.Y. § 26-513 [b]). Since petitioner failed to provide the required documentation for comparable rents, the FMRA was correctly determined pursuant to the Special Guidelines (see, Matter of Ullman Estates v. New York City Conciliation Appeals Bd., 97 A.D.2d 296, affd 62 N.Y.2d 758). While petitioner also claims that the apartment was "unique", the Commissioner's denial of said claim was not unreasonable. In addition, it was within the Commissioner's discretion to determine that a hearing was not necessary under the instant circumstances (see, Matter of Rubin v. Eimicke, 150 A.D.2d 697, lv denied 75 N.Y.2d 704). Since the record provides a rational basis for the Commissioner's determination, the judgment must be affirmed (see, Matter of Faymor Dev. Co. v. Popolizio, 89 A.D.2d 857).
Concur — Sullivan, J.P., Rosenberger, Wallach and Asch, JJ.