DHCR Corrected Errors in Rent Overcharge Calculation
LVT Number: #32909
Rent-stabilized tenant complained to the DHCR in 2018 of rent overcharge. The DRA ruled for tenant and directed landlord to refund $8,280, including interest. Landlord appealed and won in part. Landlord claimed that it gave tenant a $520 rent credit, which was noted in the DRA's order but not reflected in the overcharge calculation. Landlord also stated that it gave tenant an additional $393 rent credit not reflected in the order and that the DRA had miscalculated rent payments attributed to tenant. The DHCR found that, since tenant never paid the amounts corresponding to the asserted rent credits, they were simply credits to remove over-billing and therefore didn't constitute post-complaint refunds requiring subtraction from the overcharge. But landlord correctly pointed out that large payments by tenant in March 2015 and March 2016 included payments of current rent plus satisfaction of previous rent owed. So the DHCR eliminated overcharges found for those two months. The total overcharge was recalculated so that landlord was now ordered to refund $2,961, including interest.
Nysandy4 Nbp22, LLC: DHCR Adm. Rev. Docket No. LM610021RO (9/26/23)[3-pg. document]