Landlord Refunded Overcharge While Case Pending

December 1, 2006

LVT Number: 19304

Tenant complained of a rent overcharge. The DRA ruled for tenant. The DRA noted that landlord had refunded $3,800 to tenant, and ordered landlord to refund an additional $830. Landlord appealed and won. Landlord claimed that it had fully refunded any overcharge paid by tenant. The DRA's order covered the period through April 30, 2006. Landlord refunded all of the overcharges to tenant, with 9 percent interest through March 2006, while tenant's complaint was pending. Landlord didn't collect any overcharge for the month of April 2006. So landlord owed no further refund to tenant.

Tenant complained of a rent overcharge. The DRA ruled for tenant. The DRA noted that landlord had refunded $3,800 to tenant, and ordered landlord to refund an additional $830. Landlord appealed and won. Landlord claimed that it had fully refunded any overcharge paid by tenant. The DRA's order covered the period through April 30, 2006. Landlord refunded all of the overcharges to tenant, with 9 percent interest through March 2006, while tenant's complaint was pending. Landlord didn't collect any overcharge for the month of April 2006. So landlord owed no further refund to tenant.

7005 Shore Rd. LLC: DHCR Adm. Rev. Docket No. UE210052RO (8/17/06) [3-pg. doc.]

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