Default Procedure Properly Used

May 31, 2006

LVT Number: 18917

Tenant complained of a rent overcharge. Landlord didn't submit rent history data requested by the DRA. The DRA ruled for tenant, using its default procedure to set the rent. Landlord appealed, claiming that the base date rent was established by rent registration data, and rent rolls and ledgers it submitted to the DRA. The DHCR ruled against landlord. The DRA sent landlord a number of notices requesting rent history documents. The information submitted by landlord went back only to February 2000. The base rent date was Sept. 23, 1999.

Tenant complained of a rent overcharge. Landlord didn't submit rent history data requested by the DRA. The DRA ruled for tenant, using its default procedure to set the rent. Landlord appealed, claiming that the base date rent was established by rent registration data, and rent rolls and ledgers it submitted to the DRA. The DHCR ruled against landlord. The DRA sent landlord a number of notices requesting rent history documents. The information submitted by landlord went back only to February 2000. The base rent date was Sept. 23, 1999. The DRA properly set tenant's rent by using the lowest registered rent for an apartment in the same line of apartments.

PWV Acquisition LLC: DHCR Adm. Rev. Dckt. No. TL410012RO (4/28/06) [6-pg. doc.]

Downloads

TL410012RO.pdf356.92 KB

Topics

More like this