DRA Mistakenly Applied Default Procedure

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a complete rent history. The overcharge was calculated using the DHCR's default method. Landlord appealed, claiming it had submitted a full rent history to the DRA. The DHCR ruled for landlord. Landlord had submitted all relevant leases going back to the June 30, 1974, base date. And review of the rent history showed there was no overcharge.

Kingswood Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. CE110114RO (11/29/96) [2-page document]