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.

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