Landlord Charged Lower Amount as Rent Concession

(Decision submitted by James R. Marino 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 a refund of $2,400. Landlord appealed, claiming there was no rent overcharge. Tenant's 1988 renewal lease listed a lawful rent of $1,750. His 1991 renewal lease listed a lawful rent of $1,845. Landlord gave tenant a rent concession and charged a lower amount for the first four months of each of these leases. The DHCR ruled for landlord. The DRA mistakenly used the rent concession amount as the legal rent in calculating an overcharge. There was in fact, no rent overcharge.

Chasmel Properties: DHCR Adm. Rev. Dckt. No. IC410011RO (7/29/99) [2-pg. doc.]