Tenant Wasn't First Residential Occupant

June 30, 1997

LVT Number: 11608

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that the apartment had been used for commercial purposes from the base date until the tenant took occupancy. Tenant appealed, claiming there had been a prior residential tenant before commercial tenant and that commercial tenant violated the building's C of O. The DHCR ruled for tenant. The DRA should have used prior residential tenant's last rent as the base rent for determining if there was an overcharge. The DHCR found that there was a $3,000 rent overcharge.

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding that the apartment had been used for commercial purposes from the base date until the tenant took occupancy. Tenant appealed, claiming there had been a prior residential tenant before commercial tenant and that commercial tenant violated the building's C of O. The DHCR ruled for tenant. The DRA should have used prior residential tenant's last rent as the base rent for determining if there was an overcharge. The DHCR found that there was a $3,000 rent overcharge.

Panzer: DHCR Adm. Rev. Dckt. No. FH410448RT (2/14/97) [4-page document]

Downloads

FH410448RT.pdf194.69 KB

Topics

More like this