Employee Paid Less than Legal Rent

LVT Number: 16203

Tenant complained of a rent overcharge. The DRA ruled for tenant and found a total overcharge of $60. Landlord and tenant both appealed. The DHCR upheld the DRA's ruling. Before tenant moved in, the apartment was occupied by a building employee who didn't pay rent. So in calculating the legal rent, the DRA properly deemed a one-year lease and a guideline increase only for this period.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found a total overcharge of $60. Landlord and tenant both appealed. The DHCR upheld the DRA's ruling. Before tenant moved in, the apartment was occupied by a building employee who didn't pay rent. So in calculating the legal rent, the DRA properly deemed a one-year lease and a guideline increase only for this period.

Bella Vista Realty Corp./Newton: DHCR Admin. Rev. Dckt. Nos. PK410052RO and PL410005RT (8/15/02) [3-pg. doc.]

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