DRA Bound by Prior DHCR Order

LVT Number: 10571

Tenant complained of a rent overcharge. The DRA ruled for tenant, based on landlord's default, finding a $7,000 overcharge. Landlord appealed, pointing out that a prior DRA order had set the lawful rent for tenant's apartment. The DHCR ruled for landlord. Even though landlord didn't respond to tenant's complaint, it had responded to prior tenant's complaint, and the DRA had established the lawful rent based on the actual rent history. The prior DRA ruling was binding; the actual overcharge was only $2,000.

Tenant complained of a rent overcharge. The DRA ruled for tenant, based on landlord's default, finding a $7,000 overcharge. Landlord appealed, pointing out that a prior DRA order had set the lawful rent for tenant's apartment. The DHCR ruled for landlord. Even though landlord didn't respond to tenant's complaint, it had responded to prior tenant's complaint, and the DRA had established the lawful rent based on the actual rent history. The prior DRA ruling was binding; the actual overcharge was only $2,000.

Kingswood Management Corp.: DHCR Adm. Rev. Dckt. No. CG210077RO (2/28/96) [4-page document]

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