Rent Overcharge of $170,000 Found Under Default Formula
LVT Number: #30180
Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $169,926, including triple damages and interest. Landlord appealed and lost. Landlord had failed to submit a lease or ledger to prove the base date rent, four years before the overcharge complaint was filed. So the DRA properly used the default rent formula to determine the base date rent. The default formula doesn't permit the addition of rent increases for individual apartment improvements (IAIs).
D'Agosto: DHCR Adm. Rev. Docket No. GQ210051RO (4/23/19) [4-pg. doc.]