Landlord Refunded Overpayment Upon Notice of Tenant's DRIE Benefits

Rent-stabilized tenant complained to the DHCR of rent overcharge. Tenant claimed that her rent was frozen as the result of DRIE program benefits she received and that landlord was willfully overcharging her. The DRA ruled for tenant, finding an overcharge in the amount of $30,630 including triple damages. Since a refund already was granted, no further refund was needed. Landlord appealed, claiming that it had given tenant DRIE credits in 2023 once it received notice of the DRIE approval for tenant.

The DHCR ruled for landlord, finding that landlord immediately refunded any overpayment by tenant after receiving DRIE program approval documentation from the Dept. of Finance. Because there were no overcharges during the 12 months of 2023, and because no other overcharges were found by the DRA, tenant's complaint must be dismissed. 

Parsons Terrace LLC: DHCR Adm. Rev. Docket No. MV110027RO (2/27/25)[2-pg. document]