No Overcharge for MCI Rent Hike Upheld by DHCR

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund a total overcharge of $2,133, including triple damages. Tenant appealed and lost. Tenant claimed that she didn't receive any refund from landlord in response to a prior overcharge ruling, that she was never notified of a rent increase based on installation of a new apartment door, and that she was entitled to a rent reduction due to peeling paint and plaster in her bathroom. The DHCR found that landlord's ledger showed that a refund had been made to tenant. Tenant also could take a rent credit for any rent overcharge that wasn't refunded. The DHCR also noted that tenant did receive notice of an MCI rent hike for the apartment door because she filed a PAR of that decision, which was denied. The rent overcharge order also took into account a rent reduction order issued previously that reduced tenant's rent until it was later restored. 

Fanelli: DHCR Adm. Rev. Docket No. EW110066RT (9/7/17) [3-pg. doc.]