DRA Incorrectly Ruled Tenant Was Rent Controlled

July 31, 2007

LVT Number: #19784

Tenant complained of rent overcharge because landlord was trying to collect a $10 rent surcharge for two air conditioners. The DRA ruled for tenant. Landlord appealed, pointing out that tenant was rent stabilized, not rent controlled. The DHCR ruled for landlord and corrected its order. Tenant had filed her complaint on a form for use by rent-controlled tenants. But landlord showed a receipt for tenant's security deposit dated May 1973. A 1972 order showed that a different tenant was named as the apartment's rent-controlled tenant.

Tenant complained of rent overcharge because landlord was trying to collect a $10 rent surcharge for two air conditioners. The DRA ruled for tenant. Landlord appealed, pointing out that tenant was rent stabilized, not rent controlled. The DHCR ruled for landlord and corrected its order. Tenant had filed her complaint on a form for use by rent-controlled tenants. But landlord showed a receipt for tenant's security deposit dated May 1973. A 1972 order showed that a different tenant was named as the apartment's rent-controlled tenant. Landlord had registered tenant as rent stabilized in 1984 and every year thereafter, and offered tenant rent-stabilized renewal leases.

Beach Lane Management: DHCR Adm. Rev. Docket No. UK420061RO (4/13/07) [2-pg. doc.]

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