DRA Went Back More than Four Years

September 30, 2005

LVT Number: 18409

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $46,000, including triple damages. Landlord appealed. The DHCR ruled for landlord in part. The DRA stated that the base rent was $900. But the rent charged exactly four years before the date that tenant's complaint was filed was $1,350. The DRA incorrectly went back more than four years.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $46,000, including triple damages. Landlord appealed. The DHCR ruled for landlord in part. The DRA stated that the base rent was $900. But the rent charged exactly four years before the date that tenant's complaint was filed was $1,350. The DRA incorrectly went back more than four years. However, the DRA correctly disallowed guidelines and vacancy rent increases for a period of illusory tenancy. The total overcharge, with triple damages, was reduced to $14,000.

Kings Point Gates Assocs., LLC: DHCR Adm. Rev. Dckt. Nos. SL7100012RO & SL71006RK (8/31/05) [4-pg. doc.]

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