Rent Overcharge Due to Discounted IAI Rent Increases Wasn't Willful

LVT Number: #30970

Tenant complained of rent overcharge in 2010. The DRA ruled against tenant, who appealed and won in part. The DHCR disallowed some of landlord's claimed individual apartment improvements (IAIs), which had been applied to prior tenant's rent in 2007, and directed landlord to refund $3,491, including interest. Tenant then filed an Article 78 court appeal, and the court sent the case back to the DHCR to further consider landlord's IAI claims. The DRA then ordered an apartment inspection.

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Oglesby/Second Bronx LLC: DHCR Adm. Rev. Docket Nos. IM610024RT, IM610059RO (8/12/20) [5-pg. doc.]