Overcharge Must Be Calculated from Rent Reduction Order's Effective Date

LVT Number: #32155

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that, between June 1 and Aug. 31, 2016, tenant's monthly collectible rent was reduced to $1 due to a vacate order following fire damage. But landlord had continued to charge tenant her full rent. So the total overcharge was $613. Landlord appealed and pointed out that the effective date of the rent reduction order was June 6, 2016. So the overcharge finding could take effect only on that date. The DHCR agreed and reduced the overcharge finding to $482.50.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that, between June 1 and Aug. 31, 2016, tenant's monthly collectible rent was reduced to $1 due to a vacate order following fire damage. But landlord had continued to charge tenant her full rent. So the total overcharge was $613. Landlord appealed and pointed out that the effective date of the rent reduction order was June 6, 2016. So the overcharge finding could take effect only on that date. The DHCR agreed and reduced the overcharge finding to $482.50.

207 West 14 Realty, LLC: DHCR Adm. Rev. Docket No. JX410024RO (6/13/22)[2-pg. document]

Downloads

JX410024RO.pdf248.99 KB