Base Date Is Four Years Before Tenant Presented Defense in Nonpayment Case

August 31, 2003

LVT Number: 16818

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA did not use a base date of four years before tenant filed her complaint with the DHCR to calculate the overcharge. Instead, the DRA used a base date of four years before tenant raised a defense of overcharge in a court nonpayment case. Landlord claimed that this was improper, since it resulted in using an older base date. The DHCR ruled against landlord.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA did not use a base date of four years before tenant filed her complaint with the DHCR to calculate the overcharge. Instead, the DRA used a base date of four years before tenant raised a defense of overcharge in a court nonpayment case. Landlord claimed that this was improper, since it resulted in using an older base date. The DHCR ruled against landlord. Tenant had raised the overcharge claim in the nonpayment case, which was later discontinued so that the DHCR could decide the overcharge issue.

41 W. 72nd LLC: DHCR Adm. Rev. Dckt. No. RE410013RO (7/3/03) [3-pg. doc.]

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