Rent Overcharge Found After Calculating Lawful Rent Increases for Period of Temporary Exemption

Rent-stabilized tenant complained to the DHCR that landlord failed to renew his lease and overcharged him. Tenant claimed that certain claimed individual apartment improvements (IAIs) hadn't been completed. The DRA ruled for tenant in part, directing landlord to offer tenant a renewal lease but finding no rent overcharge.

Tenant appealed and won in part. Tenant had shown the DRA that he paid $1,750 per month in rent during certain months. The base date rent was set by taking the last legal regulated rent (LRR) prior to a temporary exemption of the apartment and adding lawful rent increase to which landlord would otherwise have been entitled, yielded an initial legal rent for tenant of $1,239 per month. So, for a seven-month period, tenant was overcharged a total of $3,574.  With triple damages added for willful rent overcharge, the total that landlord must refund to tenant was $10,722.

Ventura: DHCR Adm. Rev. Docket No. MU410013RT (1/16/25)[5-pg. document]