Landlord and Tenant Must Contact SCRIE Program Regarding Overcharge Amount

LVT Number: #28054

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $31,623, including interest. Landlord appealed and lost. Landlord repeated its claim to the DRA that tenant never paid more than $330 per month in rent because she received SCRIE benefits and that tenant therefore got a windfall from the DRA's order.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $31,623, including interest. Landlord appealed and lost. Landlord repeated its claim to the DRA that tenant never paid more than $330 per month in rent because she received SCRIE benefits and that tenant therefore got a windfall from the DRA's order. But the DHCR pointed out that in the "General Notes" of the DRA's order, it was stated that tenant received SCRIE benefits and that both landlord and tenant were directed to contact the SCRIE/DRIE Exemption Unit of the NYC Department of Finance at its listed address. So the DRA addressed any concern about how to divide the refund due.

5503-805 Saint Marks Street Brooklyn, LLC: DHCR Adm. Rev. Docket No. EW210066RO (9/21/17) [5-pg. doc.]

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