Overcharge Case Reopened to Determine Base Date Rent

Tenant complained of rent overcharge, and that he hadn’t received a rent-stabilized lease. He claimed that he never received a lease from landlord. Tenant was charged $1,550 per month in December 2011 when he moved into the apartment. Tenant’s rent was increased in 2014 to $1,670, again without a lease.  The DRA ruled for tenant, finding that his initial $1,550 rent was legal but that landlord improperly collected a rent increase from tenant in 2014. Landlord was ordered to refund $2,141. Tenant appealed, claiming that the DHCR should use its default formula to set the initial legal rent for tenant. The DHCR ruled for tenant in part and reopened the case. The DRA must investigate the rental history of the apartment from the base date of July 24, 2010, to present, in order to establish the legal regulated rent, and to determine any rent overcharge.  

Jackson: DHCR Adm. Rev. Docket No. DS210027RT (12/10/15) [4-pg. doc.]