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

Citation
NYS DHCR Office of Rent Administration, Overcharge R-PAR Orders (July 1 - Sept 29 2025, Part 1)
Jurisdiction
New York (state)
Source
Official source

Full Text

1,478 chars
The rent payments credited to the tenant that appear in the RA's
calculation chart are based on the rent checks produced by the tenant.
These checks include rent payments of $1,700.00 from September 2020 to
January 2021. The tenant made two payments in March 2021 for $890.00
and 1,565.0o; the latter being credited for March 2021 and the former
being credited as $1,485.12 for February 2021 and the shortfall going
to arrears. The rent amounts credited in August 2021 and May 2022 are
also based on actual checks submitted and the RA is not obligated to
consider any alleged agreements between the owner and the tenant as -to
why a certain amount was paid. The Commissioner finds that the RA's
rent calculations, as well as the adjustment of the security deposit,
are correct. These calculations are based on the defaulted frozen
rent of $1,485.12 per month, including the difference in the security
deposit which was calculated based on $1,700.00 - $1,485.12 = $214.88.

The RA-used default formula method #3 to calculate t�e base date
rent which was the last registered rent paid by the prior tenant. The
Commissioner finds that this was the proper methodology in this case.
Given that the owner did not register room counts for apartments in
the building, there was no practical way for the RA to use the rents
of "comparable" apartments. The 201 7 annual registration amount of
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actions of the owner are irrelevant to the inquiry herein.