DHCR Must Reconsider Tenant's Overcharge Claim

Rent-stabilized tenant complained to the DHCR of a rent overcharge. She claimed an overcharge of $2,364 for a broker's fee, one month's rent, and one month's security deposit. Her monthly rent was $788. Landlord claimed that it received a security deposit of only $788 and that two of tenant's checks were returned for insufficient funds. The DHCR found no overcharge and dismissed tenant's complaint. Tenant filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled for tenant and sent the case back to the DHCR for further review. Landlord's rent ledgers, submitted to the DHCR, showed that the checks that landlord claimed had bounced were improperly added to an outstanding balance of back rent. This resulted in a double charge for some months. The DHCR must reconsider whether tenant paid too much security deposit and other excess charges.

Findley v. Vanamerongen: NYLJ, 1/7/09, p. 30, col. 1 (Sup. Ct. Kings; Hinds-Radix, J)