Landlord Must Refund Excess Security Deposit Collected from Tenant

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant but found that tenant's rent arrears totalling $3,162 were greater than the $713 overcharge. So no overcharge refund was due to tenant. Tenant appealed and won in part. Tenant claimed that landlord failed to register the apartment in 2017 and 2018 and had erased her name from the DHCR registration. Tenant also claimed that landlord failed to credit her security deposit in the amount of $188.96 in 2019 and that landlord improperly collected two months' security deposit in 1997 when she moved in. Landlord said that part of the excess security deposit was applied to rent arrears and the balance had been credited to tenant in August 2019. The DHCR found no discrepancies in landlord's registration of the apartment between 1997 and 2023. But landlord's ledger showed that the excess security deposit wasn't applied as an overcharge credit to tenant. The DHCR ordered landlord to refund the remaining balance of the security deposit into tenant's account. 

Kelly: DHCR Adm. Rev. Docket No. LR610011RT (9/19/23)[2-pg. document]