DHCR Miscalculated Rent Overcharge by Overlooking Rent Restoration Order

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,865, including triple damages, and minus a partial refund. Landlord appealed and won, in part. The DRA had correctly taken into account a prior DHCR rent reduction order when calculating the total overcharge. But the DRA neglected to take into account a subsequent rent restoration order. The rent had been restored effective May 1, 2021. So the total overcharge refund due to tenant was $12,396.

57 Elmhurst LLC: DHCR Adm. Rev. Docket No. KN110005RO (8/18/22)[4-pg. document]