Tenant's Collectible Rent Frozen by Prior DHCR Rent Reduction Orders

LVT Number: #31273

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant, and ordered landlord to refund an overcharge with interest but no triple damages since landlord showed there was no willful rent overcharge. Landlord appealed and lost, claiming that the DRA's order was too vague and it couldn't determine the full amount of the overcharge refund.

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant, and ordered landlord to refund an overcharge with interest but no triple damages since landlord showed there was no willful rent overcharge. Landlord appealed and lost, claiming that the DRA's order was too vague and it couldn't determine the full amount of the overcharge refund. The DHCR found that the DRA's calculation chart adequately showed and explained the calculation of the apartment's legal regulated rent and collectible rent starting from the base rent date, as well as subsequent adjustments to the legal rent. The monthly collectible rent will remain frozen from August 2014 through the effective date of any rent restoration approval by the DHCR.

Marmion Assoc. LP: DHCR Adm. Rev. Docket No. IS610039RK (1/20/21) [5-pg. doc.]

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