Apartment Was Owner-Occupied on Base Date

July 31, 2007

LVT Number: #19796

Tenant complained of a rent overcharge. Landlord said that her son lived in the apartment on the base date four years earlier, so there was no overcharge. The DRA ruled for tenant and ordered landlord to refund $10,500. The DRA used the default method because landlord submitted no rent history records. Landlord appealed. Landlord had registered the apartment as owner-occupied for several years before and including the base date. The DHCR ruled for landlord and reopened the case.

Tenant complained of a rent overcharge. Landlord said that her son lived in the apartment on the base date four years earlier, so there was no overcharge. The DRA ruled for tenant and ordered landlord to refund $10,500. The DRA used the default method because landlord submitted no rent history records. Landlord appealed. Landlord had registered the apartment as owner-occupied for several years before and including the base date. The DHCR ruled for landlord and reopened the case. The DRA must ask for more proof showing that owner's son lived in the apartment, including for example, a driver's license or utility bills.

Gurujan: DHCR Adm. Rev.Docket No. VA110048RO (5/9/07) [2-pg. doc.]

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