Default Method Used to Set Tenant's Rent

LVT Number: 18451

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $62,000. Landlord appealed and lost. The DRA properly used the agency's default method to calculate the overcharge. Landlord didn't establish the base date rent by submitting a lease or rent ledger. So the base rent was set by using the rent registered for the same size apartment on the date tenant moved into the apartment.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $62,000. Landlord appealed and lost. The DRA properly used the agency's default method to calculate the overcharge. Landlord didn't establish the base date rent by submitting a lease or rent ledger. So the base rent was set by using the rent registered for the same size apartment on the date tenant moved into the apartment.

Nathan Hale Gardens, Inc.: DHCR Adm. Rev. Dckt. No. TG610018RO (9/19/05) [3-pg. doc.]

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