DHCR Had Restored Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant, found that there was a willful overcharge, and ordered landlord to refund tenant $61,000. The overcharge was based solely on landlord's failure to get tenant's rent restored after the DRA had reduced it based on inadequate heat and hot water 10 years earlier. Landlord appealed. Landlord had gotten a rent restoration in response to a second, later, heat and hot water complaint by tenant. The DHCR ruled for landlord. Since the rent had later been restored for correction of the same condition, the DHCR found that there was no overcharge as of the date the rent was restored. So the amount of the overcharge was reduced to $2,000.

Robinson 1601 Realty Corp.: DHCR Adm. Rev. Dckt. No. LJ210172RO (6/26/00) [3-pg. doc.]