Liability of 7-A Administrator

August 31, 1998

LVT Number: 12621

The DHCR reduced tenant's rent in response to tenant's fair market rent appeal. Landlord then asked the DHCR how much of the rent refund would be offset since the building had a 7-A Administrator. In an opinion letter, the DHCR stated that a 7-A Administrator was only required to refund to tenant that part of the excess rent he collected or permit tenant to withhold that portion from tenant's rent as provided for in the DHCR order. Moreover, a current 7-A Administrator isn't responsible for excess rent collected by prior 7-A Administrators.

The DHCR reduced tenant's rent in response to tenant's fair market rent appeal. Landlord then asked the DHCR how much of the rent refund would be offset since the building had a 7-A Administrator. In an opinion letter, the DHCR stated that a 7-A Administrator was only required to refund to tenant that part of the excess rent he collected or permit tenant to withhold that portion from tenant's rent as provided for in the DHCR order. Moreover, a current 7-A Administrator isn't responsible for excess rent collected by prior 7-A Administrators.

DHCR Opin. Ltr. by Charles Goldstein (8/20/97) [1-page document]

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