DHCR Reasonably Applied Default Formula to Set Base Date Rent

November 22, 2017

LVT Number: #28016

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and applied its default formula to set the base date rent. Landlord filed an Article 78 court appeal and lost. Landlord didn't submit a copy of the lease in effect on the base date and didn't explain why it was unable to do so. So the DHCR's decision to apply the default formula to determine the base date rent was reasonable.

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and applied its default formula to set the base date rent. Landlord filed an Article 78 court appeal and lost. Landlord didn't submit a copy of the lease in effect on the base date and didn't explain why it was unable to do so. So the DHCR's decision to apply the default formula to determine the base date rent was reasonable.

65-61 Saunders Street Associates, LLC v. DHCR: 2017 NY Slip Op 07436, 2017 WL 4799773 (App. Div. 2 Dept.; 10/25/17; Rivera, JP, Hall, Roman, Christopher, JJ)

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