DRA Used Wrong Guideline

(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, and landlord appealed. Landlord claimed that the DRA incorrectly used Rent Guidelines Board Order (RGBO) No. 17 to calculate tenant's rent. The DHCR ruled for landlord. When tenant moved into the apartment on June 1, 1986, her rent should have been increased using percentage increases issued under RGBO No. 16, not 17. The DHCR reduced the amount of the overcharge found by the DRA.

Shomer Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. GD410130RO (5/15/98) [2-page document]