DRA Used Wrong Base Date Rent

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund her $6,400. Landlord appealed, claiming that the DRA used the wrong base date. The DHCR ruled for landlord. Since tenant had filed her complaint on Aug. 7, 1989, the base date was Aug. 7, 1985, and rental events occurring before that date couldn't be examined. The rent charged on the base date was higher than the DRA had calculated. Tenant also owed rent for a period of several months during the period when she claimed an overcharge. Using the correct calculations and offsetting the rent owed by tenant, there was no overcharge.

Tarasoff: DHCR Adm. Rev. Dckt. No. IB410054RO (2/5/99) [2-pg. doc.]