Overcharge Claim Dismissed Based on Earlier DHCR Ruling

Tenants claimed rent overcharge. The DRA ruled against tenants and dismissed their complaint because, in a prior 2015 decision, the DRA had ruled that the building was exempt from rent stabilization. Tenants appealed and lost. Tenants claimed that they filed a PAR against the other DRA order and that the overcharge case should therefore have been stayed rather than dismissed. But tenants’ PAR of the prior agency order was denied on Sept. 23, 2015, and tenants didn’t file an Article 78 court appeal of that decision. So the DRA’s termination of tenants’ rent overcharge complaint was correct.

Sharp/Samukenaite: DHCR Adm. Rev. Docket No. DO410035RT (12/21/15) [2-pg. doc.]