Super Paying Reduced Rent on Base Date

Tenant complained of a rent overcharge in 1998 after landlord raised his monthly rent from $165 to $715. The DRA ruled for tenant and found an overcharge. Landlord appealed, claiming that tenant was the building super from 1973 until 1997. Landlord also claimed that tenant lived in the apartment rent free while he was the super. Prior landlord charged tenant $165 for use of a storage space and the back yard. The DHCR ruled against landlord. On the base date, four years before tenant filed his complaint, tenant paid prior landlord $165 per month. There was no proof that this payment was for anything other than rent. Tenant lived rent free only for a brief period between 1996 and 1997, until his employment was terminated. [Download PDF of decision here.]

323 Marine Ave., LLC: DHCR Adm. Rev. Dckt. No. SG210026RO (11/23/04) [3-pg. doc.]