DHCR Must Recalculate Base Rent Using Default Method

June 26, 2018

LVT Number: #28473

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, and the case was reopened. Since landlord was unable to submit the base date lease or to show that the apartment had been vacant from the base rent date until the time that tenant moved in the following year, the DHCR must apply the default method to set the base rent. However, the DRA had incorrectly calculated the complaining tenant's initial rent by adjustment for a statutory vacancy increase to set the base rent.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, and the case was reopened. Since landlord was unable to submit the base date lease or to show that the apartment had been vacant from the base rent date until the time that tenant moved in the following year, the DHCR must apply the default method to set the base rent. However, the DRA had incorrectly calculated the complaining tenant's initial rent by adjustment for a statutory vacancy increase to set the base rent. The case was sent back to the DRA for recalculation of the rent using the default method.

Cutler: DHCR Adm. Rev. Docket No. FS210003RT (4/18/18) [3-pg. doc.]

Downloads

FS210003RT.pdf1011.96 KB

Topics

More like this