Default Method Improperly Used

August 31, 2005

LVT Number: 18336

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,200, including triple damages. The DRA used its default method to calculate tenant's lawful initial rent as $932, based on landlord's failure to submit a lease in effect on the base date. Landlord appealed and won. Landlord showed that it had submitted a base date lease to the DRA. When the actual base date rent was used, there was no overcharge. Tenant paid less than the legal rent.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,200, including triple damages. The DRA used its default method to calculate tenant's lawful initial rent as $932, based on landlord's failure to submit a lease in effect on the base date. Landlord appealed and won. Landlord showed that it had submitted a base date lease to the DRA. When the actual base date rent was used, there was no overcharge. Tenant paid less than the legal rent.

136 Realty LLC: DHCR Adm. Rev. Dckt. No. TD410055RO (7/1/05) [3-pg. doc.]

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