Amended Rent Stabilization Code Provision Applied to Determine Legal Rent

May 29, 2017

LVT Number: #27702

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $40,600, including interest and minus a partial refund made by prior landlord. Landlord appealed and won, in part. Due to miscalculations by the DRA, the DHCR reduced the refund due from landlord to $21,000.  But, because the apartment was vacant on the base rent date, the DRA properly applied Rent Stabilization Code Section 2526.1(a)(3)(iii) as amended in January 2014 to the order issued after that date.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $40,600, including interest and minus a partial refund made by prior landlord. Landlord appealed and won, in part. Due to miscalculations by the DRA, the DHCR reduced the refund due from landlord to $21,000.  But, because the apartment was vacant on the base rent date, the DRA properly applied Rent Stabilization Code Section 2526.1(a)(3)(iii) as amended in January 2014 to the order issued after that date. The amended code section called for investigation of pre-base date rents in such instances in order to set future collectible rent.

Edgecombe Avenue 291 Realty LLC: DHCR Adm. Rev. Docket No. ER410110RO (3/8/17) [7-pg. doc.]

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