In an overcharge case – if the amount a tenant has paid incorrect and supported by an inconsistent/fraudulent rent history – how is the “default formula” applied to determine what the legal rent should be set at? And are ICIs, MCIs, vacancy/annual increases and rent freezes then considered?
I understand this is probably not a black and white answer - just trying to wrap my mind around the process. For instance, if the court looks at other RS rents in the building – are they the same figures that were submitted by the landlord and determined to be fraudulent/inaccurate in the above scenario?