Base Date Rent Is Rent Collected, Not Rent Registered

LVT Number: #19790

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no rent overcharge. The DRA did note that landlord had filed no rent registration statements for 2004, 2005, or 2006 and directed landlord to do so. Tenant appealed, pointing out that, in 2002 and 2003, landlord registered tenant's rent as $87.57 per week. But landlord had collected $100 per week from tenant starting July 1, 2001, when tenant moved in. The DHCR ruled against tenant. Tenant filed his complaint on Jan. 2, 2007. Therefore, the base rent date was Jan. 2, 2003.

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no rent overcharge. The DRA did note that landlord had filed no rent registration statements for 2004, 2005, or 2006 and directed landlord to do so. Tenant appealed, pointing out that, in 2002 and 2003, landlord registered tenant's rent as $87.57 per week. But landlord had collected $100 per week from tenant starting July 1, 2001, when tenant moved in. The DHCR ruled against tenant. Tenant filed his complaint on Jan. 2, 2007. Therefore, the base rent date was Jan. 2, 2003. At that time, tenant paid landlord $100 per week. And since landlord has collected no rent increase from tenant since that time, there has been no overcharge.

Maciel: DHCR Adm. Rev. Docket No. VC410040RT (5/25/07) [2-pg. doc.]

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