Tenant Wasn't First Rent-Stabilized Tenant

July 31, 2000

LVT Number: 14279

Tenant complained of a rent overcharge and claimed to be the first rent-stabilized tenant of the apartment. The DRA treated tenant's complaint as a fair market rent appeal and reduced tenant's rent. Landlord appealed. Landlord showed that a prior tenant was the first rent-stabilized tenant in 1988. Through a calculation of the applicable MBR increase and submission of proof of the cost of apartment improvements, landlord showed also that the prior tenant's rent was much closer to the lawful fair market rent for the apartment than the DRA had calculated.

Tenant complained of a rent overcharge and claimed to be the first rent-stabilized tenant of the apartment. The DRA treated tenant's complaint as a fair market rent appeal and reduced tenant's rent. Landlord appealed. Landlord showed that a prior tenant was the first rent-stabilized tenant in 1988. Through a calculation of the applicable MBR increase and submission of proof of the cost of apartment improvements, landlord showed also that the prior tenant's rent was much closer to the lawful fair market rent for the apartment than the DRA had calculated. The DHCR ruled for landlord and reduced the amount of the overcharge finding.

Lee: DHCR Adm. Rev. Dckt. No. MF210104RO (3/22/00) [5-pg. doc.]

Downloads

MF210104RO.pdf326.63 KB

Topics

More like this