DRA Miscalculated Guideline Increase

LVT Number: 9003

Tenant complained of a rent overcharge. The DRA ruled for tenant, and imposed triple damages. Landlord appealed, and the DHCR reduced the amount of overcharge by about $6,000. The DRA had incorrectly allowed only a 5 percent increase for a Nov. 1, 1980, lease. That percentage increase applied where the tenant provided heat. In this case, landlord provided heat, so he could collect an 11 percent rent increase.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and imposed triple damages. Landlord appealed, and the DHCR reduced the amount of overcharge by about $6,000. The DRA had incorrectly allowed only a 5 percent increase for a Nov. 1, 1980, lease. That percentage increase applied where the tenant provided heat. In this case, landlord provided heat, so he could collect an 11 percent rent increase.

150-10 71st Ave., Apt. 5B: DHCR Adm. Rev. Dckt. No. GK 110048-RO (5/27/94) [4-page document]

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