DRA Erred in Rent Calculation

LVT Number: 14599

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and found there was a willful overcharge. The DRA ordered landlord to refund $2,300 to tenant. Landlord appealed, claiming error. The DHCR ruled for landlord. The DRA didn't include a 1996 two-year renewal lease increase in its calculation of the legal rent. There was, in fact, no overcharge.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and found there was a willful overcharge. The DRA ordered landlord to refund $2,300 to tenant. Landlord appealed, claiming error. The DHCR ruled for landlord. The DRA didn't include a 1996 two-year renewal lease increase in its calculation of the legal rent. There was, in fact, no overcharge.

12 E. 86th St. LLC: DHCR Adm. Rev. Dckt. No. MF410041RO (11/3/00) [2-pg. doc.]

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