Landlord Corrected Rent Registrations

LVT Number: #29816

Rent-stabilized tenant complained of rent overcharge and claimed fraud by landlord. The DRA found a total rent overcharge of $1,680, including interest. Tenant appealed and lost. Landlord had previously registered the apartment as permanently exempt in error in 2012 while the building was receiving J-51 tax benefits. But landlord corrected that error. Landlord also refunded any overcharge to tenant in a timely manner, so there was no willful overcharge. Landlord's 2011 registration of the apartment as vacant was correct since the apartment was vacant at that time.

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Diaz: DHCR Adm. Rev. Docket No. GM210012RT (10/9/18) [4-pg. doc.]