DHCR Uses Registered Rent to Calculate Overcharge

Tenant complained of a rent overcharge. The DRA ruled for tenant because landlord didn't provide rent history information. Using the DHCR's default method, the DRA found an overcharge of $4,700, including triple damages. Tenant appealed and won. He said that the base rent listed on the annual rent registration was $400. If the overcharge was calculated using the actual registered rent, the amount was greater than the overcharge calculated by the default method. The DHCR recalculated the overcharge. The total amount that landlord owed tenant was $12,410, including triple damages.

Russell: DHCR Adm. Rev. Docket No. UF410006RT 7/19/06 [3-pg. doc.]