Electrical Surcharge Predates Base Date

LVT Number: 15534

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a $95 overcharge. Tenant appealed, claiming additional overcharges from the collection of electrical surcharges. The DHCR ruled against tenant. Landlord collected electrical surcharges from tenant based on air conditioner installations. These charges were incorporated into tenant's rent more than four years before tenant complained of a rent overcharge. So these charges can't be considered in determining tenant's overcharge claim.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a $95 overcharge. Tenant appealed, claiming additional overcharges from the collection of electrical surcharges. The DHCR ruled against tenant. Landlord collected electrical surcharges from tenant based on air conditioner installations. These charges were incorporated into tenant's rent more than four years before tenant complained of a rent overcharge. So these charges can't be considered in determining tenant's overcharge claim.

Dank: DHCR Adm. Rev. Dckt. No. OF210049RT (11/14/01) [5-pg. doc.]

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