Wrong Guideline Used

LVT Number: 17884

Tenant complained of a rent overcharge. The DRA found no overcharge and ruled against tenant. Tenant appealed. The DHCR ruled for tenant in part. Tenant's initial rent was the legal collectible rent. But landlord didn't renew tenant's lease on time. So the rent increase collectible when tenant's lease was renewed should have been the guideline increase in effect when tenant should have received the renewal lease.

Tenant complained of a rent overcharge. The DRA found no overcharge and ruled against tenant. Tenant appealed. The DHCR ruled for tenant in part. Tenant's initial rent was the legal collectible rent. But landlord didn't renew tenant's lease on time. So the rent increase collectible when tenant's lease was renewed should have been the guideline increase in effect when tenant should have received the renewal lease.

Martinez: DHCR Adm. Rev. Dckt. No. SJ410071RT (12/14/04) [3-pg. doc.]

Downloads

SJ410071RT.pdf212.31 KB