No Overcharge After Landlord Complies with TPU Audit

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

The DHCR's Tenant Protection Unit (TPU) filed a rent overcharge complaint against landlord, claiming that the monthly $1,788 rent collected from tenant four years earlier, on Dec. 1, 2010, was an overcharge. In response to a TPU Notice of Audit Determination sent in 2013, landlord reset tenant's rent to $1,712 plus legal renewal increases since 2010, filed amended annual rent registrations, gave tenant a rent credit for the overcharge, gave tenant an amended renewal lease for the current lease term ending on Nov. 30, 2014, at the legal regulated rent of $1,884, and submitted a sworn statement from tenant verifying that the directed actions were taken. The DRA found that landlord complied with the TPU's instructions and ruled that there was no overcharge.

Hennell: DHCR DRO Dckt. No. CO410048R (7/29/14) [3-pg. doc.]