Landlord Billed Higher Amount than Collected

LVT Number: 18541

Tenant complained of a rent overcharge because landlord continued to bill tenant at the monthly legal regulated rent even though the rent was reduced in response to tenant's reduction in services complaint. The DRA ruled for tenant and ordered landlord to refund the overcharge. Landlord appealed, explaining that its computerized billing program continued to record the higher rent, but that landlord hadn't collected more than the reduced rent from tenant. The DHCR ruled for landlord and revoked the overcharge finding, since no overcharge was collected.

Tenant complained of a rent overcharge because landlord continued to bill tenant at the monthly legal regulated rent even though the rent was reduced in response to tenant's reduction in services complaint. The DRA ruled for tenant and ordered landlord to refund the overcharge. Landlord appealed, explaining that its computerized billing program continued to record the higher rent, but that landlord hadn't collected more than the reduced rent from tenant. The DHCR ruled for landlord and revoked the overcharge finding, since no overcharge was collected.

Monte Carlo, LLC: DHCR Adm. Rev. Dckt. No. TC710001RO (10/27/05) [4-pg. doc.]

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