DHCR Finding of No Overcharge Upheld by Court

April 30, 2010

LVT Number: #22624

Rent-stabilized tenant complained of a rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant appealed, claiming that the DHCR’s decision was arbitrary and unreasonable. The court and appeals court ruled against tenant. The DHCR correctly ruled that tenant’s base date lease wasn’t a renewal lease, and that the $1,600 rent charged on the base date four years before tenant filed his complaint was the legal regulated rent. There was no overcharge.

Rent-stabilized tenant complained of a rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant appealed, claiming that the DHCR’s decision was arbitrary and unreasonable. The court and appeals court ruled against tenant. The DHCR correctly ruled that tenant’s base date lease wasn’t a renewal lease, and that the $1,600 rent charged on the base date four years before tenant filed his complaint was the legal regulated rent. There was no overcharge.

Berman v. DHCR: NYLJ, 4/26/10, p. 26, col. 4 (App. Div. 1 Dept.; Gonzalez, PJ, Saxe, Nardelli, McGuire, Moskowitz, JJ)

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