Interest on Overcharge Incorrectly Calculated

(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. Landlord appealed, claiming that the amount of overcharge interest was incorrectly calculated. The DHCR ruled for landlord. The amount of advance rent collected by landlord was $1,400 per month for six months. It was held in total for seven months. But the advance rent was then reduced by $1,400 per month as tenant's rent was due, resulting in decreasing interest payments on the amount held, which was not reflected in the DRA's order. So the total overcharge amount was reduced.

Sky Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. OH410048RO (11/7/01) [2-pg. doc.]