No Overcharge Refund Due After Prior Refunds and Credits Applied
LVT Number: #31050
Rent-stabilized tenant complained of rent overcharge based on a DHCR service reduction order that was in effect between April 2015 and December 2015 when the DRA approved landlord's rent restoration application. The total refund due to tenant was $1,444. The DRA noted that, although landlord had offered tenant a rent credit, tenant didn't use it. Landlord appealed, claiming that the DRA erred concerning the rent credit, and that tenant made no rent payments for some periods. The DHCR ruled against landlord, who then filed an Article 78 court appeal. The court sent the case back to the DHCR for further consideration. The DHCR ruled for landlord. Upon recalculation, the DHCR found that refunds and credits given to tenant were greater than the overcharge, so no further refund was due to tenant.
Double A Property Associates - Turner LLC: DHCR Adm. Rev. Docket No. HO210007RP (9/2/20) [4-pg. doc.]