No Rent Overcharge Found for Rent-Controlled Tenant

Rent-controlled tenant complained of rent overcharge. He said landlord improperly calculated the 2022-2023 Maximum Base Rent (MBR) for his apartment as $2662.80 instead of $2,622.80. In response, landlord claimed that it had corrected the error and that, in any event, tenant's payable rent was frozen at $2,047.33 per month under SCRIE. Landlord submitted proof to the DRA that errors for 2012-2023 had been corrected. Tenant disputed the amount of rent landlord claimed he owed while receiving SCRIE benefits. The DRA ruled against tenant since landlord had corrected its MBR errors. The DRA stated that tenant had to contact the Department of Finance (DOF) concerning any claimed SCRIE errors because the DHCR had no authority to decide SCRIE questions.

Tenant appealed and lost. Tenant argued that landlord still claimed that he owed unpaid rent. But the DRA had ruled correctly on tenant's complaint, and there was no proof that landlord had collected an improper rent. And the DHCR had no authority to rule on any nonpayment dispute that may exist between landlord and tenant.

Wacker: DHCR Adm. Rev. Docket No. MU420010RT (2/25/25)[3-pg. document]