Partial Refund Is Calculated by DHCR After Adding Triple Damages to Total Overcharge

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. The DRA ruled for tenant, found the base rent date to be June 14, 2015; found the total overcharge, including triple damages, to be $26,019; and ordered landlord to refund $22,419, reflecting a credit of $3,600 for previously refunded overcharges.

Landlord appealed and won, in part. The DHCR noted that landlord's partial refund, made after overcharges were collected, didn't change the fact that such overcharges were in fact collected and didn't reduce the amount of the overcharges. The partial refund therefore was properly reflected as a refund. However, the DRA miscalculated the overcharge. Tenant admitted that landlord had reduced the monthly rent from $1,800 to $1,500 at some point, thereby reducing the overcharge amount for the month of October 2020. The total remaining credit due to tenant was $21,519.

Metropolitan Avenue Associates, LLC: DHCR Adm. Rev. Docket No. MU110004RO (3/13/25)[4-pg. document]