DHCR Properly Set On-Time Discounted Rent as Legal Regulated Rent
LVT Number: #33593
Rent-stabilized tenant complained to the DHCR of rent overcharge, and the DHCR ruled for tenant. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, who appealed and lost. Tenant's lease contained an on-time discounted rent provision, under which tenant was charged a higher legal regulated rent if rent wasn't paid on time. The DHCR rationally determined that the amount of the on-time discounted rent was the legal regulated rent for the apartment. The appeals court found that the DHCR's decision wasn't arbitrary and capricious.
Jamaica Seven, LLC v. DHCR: Index No. 706544/22, App. No. 2022-08728, 2025 NY Slip Op 00862 (App. Div. 2 Dept.; 2/13/25; Iannacci, JP, Chambers, Warhit, Golia, JJ_
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