DRA Used Wrong Base Date

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that the DRA used the wrong base date to calculate the lawful rent. The DHCR found that landlord was correct. The base date the DRA used was Nov. 30, 1985. But since tenant's complaint was filed on March 23, 1990, the base date should have been March 23, 1986. However, the lease rent on the base date was inconsistent with the rent registered by landlord at that time. So the rent used by the DRA to calculate the overcharge was deemed lawful, and landlord's PAR was denied.

Bechtoldt Corp.: DHCR Adm. Rev. Dckt. No. EI710110RO (9/21/99) [3-pg. doc.]