Formerly Owner-Occupied Apartment

LVT Number: 9001

Tenant complained of a rent overcharge. The DRA found that tenant had been overcharged $19,106, including triple damages. The DRA also froze the rent at the August 1986 rate because landlord never filed an amended initial apartment registration for 1987. Landlord appealed, and the DHCR revoked the triple damages. Before 1986, when tenant moved in, the apartment was occupied by landlord's employee. So, in 1986, landlord could charge tenant a first rent that wouldn't be subject to challenge.

Tenant complained of a rent overcharge. The DRA found that tenant had been overcharged $19,106, including triple damages. The DRA also froze the rent at the August 1986 rate because landlord never filed an amended initial apartment registration for 1987. Landlord appealed, and the DHCR revoked the triple damages. Before 1986, when tenant moved in, the apartment was occupied by landlord's employee. So, in 1986, landlord could charge tenant a first rent that wouldn't be subject to challenge. But the DRA properly froze the rent at the 1986 level because landlord never filed the 1987 rent registration.

Mt. Sinai Hospital: DHCR Adm. Rev. Dckt. No. HL 410315-RO (5/12/94) [3-page document]

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