DHCR Properly Used Default Formula

June 30, 1999

LVT Number: 13361

Tenant complained of a rent overcharge. The DHCR ruled for tenant because landlord didn't submit rent history documents. The DHCR based the amount of the rent reduction on a default formula and found that the overcharge was willful. Tenant appealed, seeking more of a rent reduction. The court and appeals court ruled against tenant. The DHCR properly applied its default formula. No further rent reduction was warranted in this case.

Tenant complained of a rent overcharge. The DHCR ruled for tenant because landlord didn't submit rent history documents. The DHCR based the amount of the rent reduction on a default formula and found that the overcharge was willful. Tenant appealed, seeking more of a rent reduction. The court and appeals court ruled against tenant. The DHCR properly applied its default formula. No further rent reduction was warranted in this case.

Dattoma v. DHCR: NYLJ, p. 28, col. 2 (6/10/99) (App. Div. 1 Dept.; Sullivan, JP, Nardelli, Lerner, Rubin, Saxe, JJ)

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