Default Formula Used

February 1, 1995

LVT Number: 9459

The DHCR ruled that landlord had overcharged tenant, and applied the default formula to calculate the overcharge amount. The DHCR used the default formula because landlord didn't submit all leases for the apartment back to June 30, 1974. Landlord appealed, and asked the court to consider the rent records it was now submitting for 1978. The court refused, and landlord appealed again. The appeals court upheld the trial court's ruling. The DHCR had properly used the default formula because landlord hadn't submitted a complete rent history.

The DHCR ruled that landlord had overcharged tenant, and applied the default formula to calculate the overcharge amount. The DHCR used the default formula because landlord didn't submit all leases for the apartment back to June 30, 1974. Landlord appealed, and asked the court to consider the rent records it was now submitting for 1978. The court refused, and landlord appealed again. The appeals court upheld the trial court's ruling. The DHCR had properly used the default formula because landlord hadn't submitted a complete rent history. And landlord can't submit these records for the first time on appeal.

Dowarp Realty Co. v. DHCR: NYLJ, p. 26, col. 2 (1/30/95) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Kupferman, Williams, JJ)

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