Apartment Was Deregulated on Base Date Due to High-Rent Vacancy

LVT Number: #24961

Tenant complained of rent overcharge in 2011. The DRA ruled against tenant, finding that the base date rent was over $2,000 per month. Tenant appealed and lost. Lease records showed that the legal regulated rent on the 2007 base date was $2,043.64. This was the rent stated in tenant's vacancy lease, along with a $1,300 preferential rent. Tenant claimed that an error in the April 1, 2006, registered rent indicated an overcharge, but this information predated the four-year base date and couldn't be considered.

Tenant complained of rent overcharge in 2011. The DRA ruled against tenant, finding that the base date rent was over $2,000 per month. Tenant appealed and lost. Lease records showed that the legal regulated rent on the 2007 base date was $2,043.64. This was the rent stated in tenant's vacancy lease, along with a $1,300 preferential rent. Tenant claimed that an error in the April 1, 2006, registered rent indicated an overcharge, but this information predated the four-year base date and couldn't be considered.

Anderson: DHCR Adm. Rev. Docket No. AQ210029RT (6/7/13) [2-pg. doc.]

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