Correction of Error in Setting Base Rent Date Results in No Overcharge Finding

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,000, including triple damages. Landlord appealed and won. The DRA's order incorrectly states that the base rent date was May 1, 2011, which was the date tenant moved into the apartment. The base date was in fact Feb. 10, 2011, which was four years before tenant filed the complaint. The apartment was vacant on that date and, under Rent Stabilization Code Section 2526.1(a)(3)(iii), tenant's legal rent was the prior tenant's rent plus the statutory vacancy increase for tenant's one-year vacancy lease. There was no rent overcharge in this case.

Greenstone 26 LLC: DHCR Adm. Rev. Docket No. FM610068RO (10/19/17) [3-pg. doc.]