NYS DHCR Office of Rent Administration, Overcharge R-PAR Orders (July 1 - Sept 29 2025, Part 1)

Stabilization Code (RSC) states that the legal regulated rent in cases
like this shall be established at the lowest of the following amounts
set forth in subparagraph (i), (ii), (iii), or (iv) of paragraph (3)
of 9 NYCCRR §2522.6 or §2526.7, or §2526.1; and that the use of the
default formula three without review of the other methods is a
misapplication of law and must be corrected before the assessment of
overcharge damages can be determined.

The petitioner also alleged that the $9,505.84 in arrears included
the rental period February 2024 through July 2024 where there was no
lease between the parties due to the owner's refusal to provide one as
legally required; that the RA ignores that there is no contractual
basis for the collection of rent during said period; that the Rent
Stabilization Law (RSL) prohibits the implication of a month to month
tenancy as it cannot be reconciled with the rights and responsibilities
of an owner and tenant of a rent stabilized apartment, citing Fairfield
Beach 9 th , LLC. v. Shepard-Neely, 74 Misc.3d 14, 15 [App Term, 2D Dept.,
11 th & 13th Jud Dis 2 o 21 } .

The Commissioner, having reviewed the evidentiary record, finds
that the PAR should be denied.