Rent Overcharge Based on Unproved IAI Costs Wasn't Willful

September 26, 2018
LVT Number: #28663

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $89,000, including interest. Landlord and tenant both appealed and lost. Landlord claimed that the DRA improperly discounted a prior tenancy and individual apartment improvement (IAI) rent increases when calculating the legal rent. But the DHCR noted that the tenancy in question lasted only one month and that tenant had been temporarily relocated to complaining tenant's apartment. He returned to his own apartment shortly thereafter.

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PWV Acquisition Owner LLC/Goldstein: DHCR Adm. Rev. Docket No. GP410015RO, GP410032RT (7/17/18) [9-pg. doc.]

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