No Overcharge Refund Due Where Tenant Owes More in Back Rent

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge refund was due. Although the DRA noted that there was an overcharge of $640, tenant owed landlord $19,000 in rent arrears. Tenant appealed and lost. Tenant claimed that the DRA's finding of rent arrears was inaccurate. But tenant never responded to the DRA's request for additional information concerning rent arrears claimed by landlord. So the DHCR wouldn't consider tenant's claim for the first time on appeal.

Jackman: DHCR Adm. Rev. Docket No. GR210056RT (3/19/19) [2-pg. doc.]