Payment of Rent Arrears with Monthly Rent Didn't Result in Overcharge

Rent-stabilized tenant complained to the DHCR in 2017, claiming rent overcharge based on landlord's failure to comply with a DHCR rent reduction order. The DRA ruled for tenant in part. A DHCR order made effective in 2018 had reduced the collectible rent by $5.40 per month and subsequent amounts through March 2024 based on a J-51 tax abatement for the building. The total overcharge, with triple damages was $713.

Tenant appealed and lost. The base rent date for the complaint was the December 2013 rent, and the DRA correctly calculated the overcharge amount. And, while tenant paid landlord more than the legal rent during certain months, the extra amounts paid were applied to rent arrears owed by tenant. There was no additional overcharge.

Nicholas: DHCR Adm. Rev. Docket No. MU210011RT (4/1/25)[3-pg. document]