New Apartment Created from Nonresidential Space

August 31, 1996

LVT Number: 10871

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default and reduced the rent from $1,350 to $450. Landlord appealed, pointing out that tenant's rent was, in fact, already $450 and that the apartment had been a doctor's office before tenant moved in. The DHCR ruled for landlord. Tenant had filed a second overcharge complaint, indicating that the rent was $450. And landlord submitted proof of the prior use of the apartment. Tenant's $450 rent was the initial legal regulated rent and wasn't subject to a fair market rent appeal. There was no overcharge.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default and reduced the rent from $1,350 to $450. Landlord appealed, pointing out that tenant's rent was, in fact, already $450 and that the apartment had been a doctor's office before tenant moved in. The DHCR ruled for landlord. Tenant had filed a second overcharge complaint, indicating that the rent was $450. And landlord submitted proof of the prior use of the apartment. Tenant's $450 rent was the initial legal regulated rent and wasn't subject to a fair market rent appeal. There was no overcharge.

Estates of MacDonald/O'Neil: DHCR Admin. Rev. Dckt. No. CC610413RO (5/16/96) [3-page document]

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