Base Date Registered Rent Was False

September 30, 2006

LVT Number: 19160

Tenant complained of a rent overcharge. The DRO ruled against tenant. Tenant paid $1,300 per month when he complained, as well as on the base date four years earlier, so no overcharge was found. Tenant appealed and won. On the base date, landlord had registered the rent as $575 per month under a different tenant's name. Landlord's daughter said that landlord spoke little English and had simply made an error. The DHCR said that landlord didn't adequately explain why inaccurate registrations were filed and didn't give complaining tenant a lease.

Tenant complained of a rent overcharge. The DRO ruled against tenant. Tenant paid $1,300 per month when he complained, as well as on the base date four years earlier, so no overcharge was found. Tenant appealed and won. On the base date, landlord had registered the rent as $575 per month under a different tenant's name. Landlord's daughter said that landlord spoke little English and had simply made an error. The DHCR said that landlord didn't adequately explain why inaccurate registrations were filed and didn't give complaining tenant a lease. Therefore, the base date rent was $575, not $1,300. The DHCR ordered a refund of $66,000.

Tat Wing Corp.: DHCR Adm. Rev. Docket. No. TK410019RO 7/3/06 [3-pg. doc.]

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