TenantNet Forum

Where tenants can seek help and help others



Default Formula

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

Moderator: TenantNet

Default Formula

Postby scottie2godie » Mon Jun 07, 2021 10:39 pm

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?
scottie2godie
 
Posts: 2
Joined: Mon Jun 07, 2021 10:31 pm

Re: Default Formula

Postby TenantNet » Mon Jun 07, 2021 11:26 pm

Your question is a bit confusing, to say the least, and you don't tell us a lot. First, I assume you're aware that the lookback limit is 4 years except in cases where fraud can be shown. "Default formula" is one of those things that many of us find difficulty with it's application.

Can you give us some more detail on the matter? And if you haven't already, look at the Regina and Grimm cases.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: Google [Bot] and 52 guests