Apartment Owner-Occupied on Base Date

April 30, 2000

LVT Number: 14114

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $49,000, including triple damages. Landlord appealed, claiming that the DRA looked at rent registration records for the wrong apartment in making its calculation. The DHCR ruled for landlord. Tenant's apartment was exempt as owner-occupied on the base date four years before the filing of tenant's complaint. So the first rent landlord charged tenant after that was the legal regulated rent, and there was a total overcharge of only $500.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $49,000, including triple damages. Landlord appealed, claiming that the DRA looked at rent registration records for the wrong apartment in making its calculation. The DHCR ruled for landlord. Tenant's apartment was exempt as owner-occupied on the base date four years before the filing of tenant's complaint. So the first rent landlord charged tenant after that was the legal regulated rent, and there was a total overcharge of only $500.

Green: DHCR Adm. Rev. Dckt. No. IE710108RO (3/7/00) [4-pg. doc.]

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