Overcharge Resulting from 1990 Rent Reduction Order Wasn't Willful

LVT Number: #26645

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found that the overcharge wasn’t willful. Tenant appealed and lost. The overcharge resulted from a 1990 rent reduction order, issued five years before tenant moved into the apartment and 14 years before landlord bought the building. None of the tenants who lived in the building at the time of the rent reduction order were still there. Landlord claimed that it was unaware of the order on the 2004 base rent date. Landlord also took steps to address the remaining conditions cited in the rent reduction order. The total rent overcharge with interest was $10,000.

 

 

Dorchester, LLC: DHCR Adm. Rev. Docket No. AP710004RP (9/16/15) [3-pg. doc.]

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