Apartment Formerly Owner-Occupied

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a complete rent history. The DRA found the overcharge to be willful and directed landlord to refund $56,000. Landlord appealed. Landlord had told the DRA that the apartment was owner-occupied from 1961 until 1983, immediately prior to the date tenant moved in. Landlord had submitted copies of letters former landlord had sent the agency in 1988 and 1970 in response to prior proceedings. The DHCR ruled for landlord. The DHCR's own MBR records showed that the apartment was never registered as rent-controlled since at least 1972. MBR records for 1983 also listed the apartment as owner-occupied. Tenant's first monthly rent of $550 was the initial legal regulated rent and wasn't subject to a fair market rent appeal. There was no overcharge.

1730 Realty Assocs.: DHCR Adm. Rev. Dckt. No. DK210062RO (4/4/97) [3-page document]