DHCR Properly Treated Rent Overcharge Complaint as Fair Market Rent Appeal

May 31, 2003

LVT Number: 16573

Rent-stabilized tenant complained of a rent overcharge. The DHCR treated tenant's complaint as a fair market rent appeal and ruled for tenant. Landlord appealed, claiming that this was unreasonable and unfair to landlord. The court and appeals court ruled against landlord. Landlord didn't prove that it sent the first rent-stabilized tenant of the apartment an initial rent registration (RR-1) form. So the DHCR properly treated tenant's complaint as a fair market rent appeal.

Rent-stabilized tenant complained of a rent overcharge. The DHCR treated tenant's complaint as a fair market rent appeal and ruled for tenant. Landlord appealed, claiming that this was unreasonable and unfair to landlord. The court and appeals court ruled against landlord. Landlord didn't prove that it sent the first rent-stabilized tenant of the apartment an initial rent registration (RR-1) form. So the DHCR properly treated tenant's complaint as a fair market rent appeal.

Lighthouse Properties v. DHCR: NYLJ, 5/27/03, p. 18, col. 6 (App. Div. 1 Dept.; Buckley, PJ, Andrias, Sullivan, Lerner, Friedman, JJ)

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