DRA Used Wrong Base Date

LVT Number: 9986

Tenant complained of a rent overcharge. Tenant's complaint was filed before April 1, 1984. The DRA ruled for tenant, finding some overcharge. The DRA used May 31, 1968, as the base date. Landlord appealed, claiming there was no overcharge. The DHCR ruled for landlord. Under a prior court decision, even if the apartment had been rent-stabilized since 1968, it was proper to use June 30, 1974, as the base date. The DRA also made some calculation errors in its order. There was no overcharge.

Tenant complained of a rent overcharge. Tenant's complaint was filed before April 1, 1984. The DRA ruled for tenant, finding some overcharge. The DRA used May 31, 1968, as the base date. Landlord appealed, claiming there was no overcharge. The DHCR ruled for landlord. Under a prior court decision, even if the apartment had been rent-stabilized since 1968, it was proper to use June 30, 1974, as the base date. The DRA also made some calculation errors in its order. There was no overcharge.

Milford Management Corp.: DHCR Adm. Rev. Dckt. No. CA 410038 RO (4/28/95) [3-page document]

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