DHCR Mistakenly Applied Rent Reduction Order for Another Building to Tenant's Rent Overcharge Claim

LVT Number: #27166

Rent-stabilized tenant complained of rent overcharge. The DRO ruled for tenant but found no amount due to tenant since landlord had already refunded $9,000, including interest. Landlord appealed and won, in part. The DRO applied an MCI Modification Order to tenant’s rent to reduce the base date legal rent by $17.88 per month. But, as landlord pointed out, the MCI Modification Order didn’t apply to landlord’s building and was applied to tenant’s case incorrectly. The DHCR deleted that rent reduction and recalculated tenant’s rent.

Rent-stabilized tenant complained of rent overcharge. The DRO ruled for tenant but found no amount due to tenant since landlord had already refunded $9,000, including interest. Landlord appealed and won, in part. The DRO applied an MCI Modification Order to tenant’s rent to reduce the base date legal rent by $17.88 per month. But, as landlord pointed out, the MCI Modification Order didn’t apply to landlord’s building and was applied to tenant’s case incorrectly. The DHCR deleted that rent reduction and recalculated tenant’s rent. The total overcharge was reduced to $8,000.

 

Hillside Place, LLC: DHCR Adm. Rev. Docket No. DU110037RO (4/12/16) [12-pg. doc.]

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