No Overcharge Where Legal Rent More Than $2,000

October 31, 2009

LVT Number: #22256

Tenant complained of a rent overcharge. Landlord claimed that the apartment was deregulated because the legal rent was $2,313 when tenant moved in. Landlord charged tenant a preferential rent of $1,550. The DRA ruled for tenant and ordered landlord to refund $1,600. Landlord appealed and won. The DRA incorrectly calculated a prior tenant's legal rent at $1,300 when in fact this was a preferential rent. While not stated on the prior tenant's form lease, his lease rider listed $1,300 as a preferential rent and $1,577 as the legal rent.

Tenant complained of a rent overcharge. Landlord claimed that the apartment was deregulated because the legal rent was $2,313 when tenant moved in. Landlord charged tenant a preferential rent of $1,550. The DRA ruled for tenant and ordered landlord to refund $1,600. Landlord appealed and won. The DRA incorrectly calculated a prior tenant's legal rent at $1,300 when in fact this was a preferential rent. While not stated on the prior tenant's form lease, his lease rider listed $1,300 as a preferential rent and $1,577 as the legal rent. Landlord also registered both the preferential and legal rents for that tenant. When recalculated, complaining tenant's initial legal rent was $2,313. So there was no overcharge.

ATM Three, LLC: DHCR Adm. Rev. Docket No. XC710013RO (8/20/09) [5-pg. doc.]

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