HUD, Not DHCR, Must Determine Rent Overcharge Claim

Tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed that the DHCR had issued a rent reduction order that affected the collectable rent for her apartment. But tenant lived in a project-based Section 8 building administered by HPD. And tenant's rent was determined by HUD rather than the DHCR. The DHCR had nothing to do with setting tenant's share of the apartment rent, and HUD ultimately must decide who should receive any payout resulting from the DHCR rent reduction order. Tenant must take up any issue concerning the rent reduction with HUD.

Nazario: DHCR Adm. Rev. Docket No. GU610031RT (9/13/19) [3-pg. doc.]