DRA Overlooked Lease

LVT Number: 9613

Tenant complained of a rent overcharge. The DRA ruled for tenant and landlord appealed. Landlord showed that the DRA mistakenly based its calculations on a prior rent of $410, when the prior tenant's rent was $446.90. Although the 1989 apartment registration lists the lawful rent as $410 and the apartment was vacant at the time, the prior lease with the $446.90 rent was noted in the 1988 registration and a copy of it was submitted to the DRA with landlord's rent history. The DHCR ruled for landlord and recalculated tenant's rent.

Tenant complained of a rent overcharge. The DRA ruled for tenant and landlord appealed. Landlord showed that the DRA mistakenly based its calculations on a prior rent of $410, when the prior tenant's rent was $446.90. Although the 1989 apartment registration lists the lawful rent as $410 and the apartment was vacant at the time, the prior lease with the $446.90 rent was noted in the 1988 registration and a copy of it was submitted to the DRA with landlord's rent history. The DHCR ruled for landlord and recalculated tenant's rent.

Kings Clarendon Associates: DHCR Adm. Rev. Dckt. No. HA 210119 RO (2/3/95) [3-page document]

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