Older Rents Not in Dispute

Tenant complained of a rent overcharge. The DRA found that landlord had collected a willful rent overcharge. Landlord appealed. Among other things, landlord claimed that the DRA should have used prior tenant's last rent as a base rent because tenant complained specifically that the rent increased from $606 to $1,050 when she moved in. The DHCR ruled for landlord. Since tenant's complaint was a specific rent overcharge complaint, the DRA shouldn't have considered the rental history before the last rent charged to prior tenant. The DHCR recalculated the overcharge, reducing it from $79,000 to $24,650. The overcharge was still found to be willful.

Central Park Realty Co.: DHCR Adm. Rev. Dckt. No. JJ410278RO (2/7/97) [4-page document]