Tenant's First Rent Was Proper Base Rent

November 13, 2013

LVT Number: #25127

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant filed an Article 78 court appeal and lost. The court and appeals court found that the DHCR reasonably determined that the rent tenant agreed to pay when he moved into the apartment was the base rent for purposes of calculating any rent overcharge. There were no reviewable rent records prior to the date of the parties' agreement.

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled against tenant, finding no overcharge. Tenant filed an Article 78 court appeal and lost. The court and appeals court found that the DHCR reasonably determined that the rent tenant agreed to pay when he moved into the apartment was the base rent for purposes of calculating any rent overcharge. There were no reviewable rent records prior to the date of the parties' agreement.

Ogunrinde v. DHCR: 971 NYS2d 873, 2013 NY Slip Op 06427 (App. Div. 1 Dept.; 10/3/13; Mazzarelli, JP, Renwick, DeGrasse, Freedman, Feinman, JJ)

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