No Overcharge for Combined Rent-Controlled Apartments

March 7, 2007

LVT Number: 19372

Rent-controlled tenant complained of a rent overcharge. In 1986, landlord and tenant had signed a settlement agreement in court. They agreed to treat two apartments as one apartment at an initial rent of $250 per month, effective Jan. 15, 1986. They also agreed that all subsequent rent increases would be based on this amount. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DHCR's MBR increase records showed that the legal rents for the two apartments were more than the rent that landlord charged tenant during the past two years.

Rent-controlled tenant complained of a rent overcharge. In 1986, landlord and tenant had signed a settlement agreement in court. They agreed to treat two apartments as one apartment at an initial rent of $250 per month, effective Jan. 15, 1986. They also agreed that all subsequent rent increases would be based on this amount. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DHCR's MBR increase records showed that the legal rents for the two apartments were more than the rent that landlord charged tenant during the past two years. Therefore, there was no overcharge.

Gooddine: DHCR Adm. Rev. Docket No. UA420012RT (11/10/06) [3-pg. doc.]

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