2004 Base Date Rent Frozen at Level Set by 1989 Rent Reduction Order

LVT Number: #24905

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,877, including triple damages and interest. Tenant appealed, claiming that the DRA miscalculated the base date rent in effect four years before tenant filed his complaint in 2008. In 1989, the DRA had issued a rent reduction order that froze tenant's rent at $330. This was the proper base date rent, not the $609 collected on the base date. The DHCR recalculated the overcharge. Landlord owed tenant $29,300, including triple damages and interest.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,877, including triple damages and interest. Tenant appealed, claiming that the DRA miscalculated the base date rent in effect four years before tenant filed his complaint in 2008. In 1989, the DRA had issued a rent reduction order that froze tenant's rent at $330. This was the proper base date rent, not the $609 collected on the base date. The DHCR recalculated the overcharge. Landlord owed tenant $29,300, including triple damages and interest.

Bruckner: DHCR Adm. Rev. Docket No. XJ210040RT (5/17/13) [4-pg. doc.]

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