Prior Rent Reduction Order Doesn't Affect Later Rent Set by HPD

LVT Number: #22948

Rent-stabilized tenant complained of a rent overcharge after building was rehabilitated and HPD set a new rent for her apartment effective Feb. 15, 2009. Tenant claimed that HPD didn't factor in a rent reduction order the DHCR had issued in 1994. The DRA ruled against tenant, who appealed and lost. The DRA correctly found that the DHCR couldn't change HPD's order setting the rent as of 2009 based on any prior DHCR order.

Rent-stabilized tenant complained of a rent overcharge after building was rehabilitated and HPD set a new rent for her apartment effective Feb. 15, 2009. Tenant claimed that HPD didn't factor in a rent reduction order the DHCR had issued in 1994. The DRA ruled against tenant, who appealed and lost. The DRA correctly found that the DHCR couldn't change HPD's order setting the rent as of 2009 based on any prior DHCR order.

Simon-Hill: DHCR Adm. Rev. Docket No. YG210018RT (8/9/10) [2-pg. doc.]

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