Tenant Wants Rent Reduced by Amount of Concession

LVT Number: 11192

Tenant complained of a rent overcharge. The DRA found that tenant's rent of $745 was in excess of the legal regulated rent of $592. However, there was no overcharge, since tenant paid a concession rent of $550. Tenant appealed, claiming that her $195 rent concession should be deducted from the lawful $550 rent rather than the $745 amount. The DHCR ruled against tenant. Landlord collected no rent overcharge. The concession rent was a separate agreement between landlord and tenant, and the DHCR wouldn't make any ruling on that issue.

Tenant complained of a rent overcharge. The DRA found that tenant's rent of $745 was in excess of the legal regulated rent of $592. However, there was no overcharge, since tenant paid a concession rent of $550. Tenant appealed, claiming that her $195 rent concession should be deducted from the lawful $550 rent rather than the $745 amount. The DHCR ruled against tenant. Landlord collected no rent overcharge. The concession rent was a separate agreement between landlord and tenant, and the DHCR wouldn't make any ruling on that issue.

Toombs: DHCR Adm. Rev. Dckt. No. FL710130RT (11/15/96) [2-page document]

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