DRA Used Wrong Rent Amount

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that the DRA improperly calculated the overcharge. The DHCR ruled for landlord. The DRA's order covered three lease periods. The overcharges were calculated correctly for the first two periods. But the DRA incorrectly used the amount listed as the ''legal rent'' in calculating the third lease period, and ignored the amount that tenant actually paid, which was $45 lower. Tenant had stated in his complaint that he paid the lower amount. The amount of the overcharge was reduced.

Mendik Mgmt. Co.: DHCR Adm. Rev. Dckt. No. MB710108RO (9/28/99) [3-pg. doc.]