Default Rent Not Calculated Properly
LVT Number: 17910
Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund, with interest. Tenant appealed, claiming that the DRA didn't properly calculate the legal regulated rent. The DHCR ruled for tenant. Landlord didn't submit rent history data in response to tenant's complaint. So the DRA used the DHCR's default method to set the rent. The DRA calculated tenant's first legal rent by subtracting a guidelines increase. But there was no guidelines increase in effect at that time in Westchester County. The DRA should have used the 20 percent statutory vacancy allowance to calculate the rent reduction. The DRA also used the wrong default vacancy rent. The total refund due tenant was $4,300.
Robinson: DHCR Adm. Rev. Dckt. No. SH910062RT (12/15/04) [3-pg. doc.]