Landlord Proved DRA's Miscalculation of Rent Overcharge

August 27, 2017

LVT Number: #27861

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $4,275, including triple damages. Landlord appealed and won. Landlord showed that tenant was receiving DRIE benefits from the city during the two-year period of claimed rent overcharge. Tenant paid $976 per month, and landlord received $28.45 per month in tax credits. The total amount of $976 was less than the $1,082 that the DRA had calculated was collected during this period. And $976 per month was the legal rent during that period.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $4,275, including triple damages. Landlord appealed and won. Landlord showed that tenant was receiving DRIE benefits from the city during the two-year period of claimed rent overcharge. Tenant paid $976 per month, and landlord received $28.45 per month in tax credits. The total amount of $976 was less than the $1,082 that the DRA had calculated was collected during this period. And $976 per month was the legal rent during that period. So the total overcharge due to tenant was $922, including triple damages.

Vida 2570 Realty LLC: DHCR Adm. Rev. Docket No. ET110051RO (6/2/17) [2-pg. doc.]

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