Rent Administrator Miscalculated Tenant Rent Arrears in Overcharge Calculation

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA found a total overcharge with interest of $2,696 but ordered no refund because tenant's rent arrears totaled $3,718 at the time the DRA's decision was issued.

Tenant appealed and won. Tenant's monthly rent was subsidized by the Section 8 program. Tenant's monthly rent was $1,032.75, but the collectible rent from tenant was only $216 per month. The entire 30 percent rent abatement awarded to tenant in a separate court proceeding should be credited against tenant's payable portion of the rent. And since the total correctly calculated abatement of $8,675 was greater than the total rent owed of $2,592, there were no rent arrears and no prior refund that would offset the rent overcharge due to tenant. Landlord must refund $2,696 to tenant.

Bender: DHCR Adm. Rev. Docket No. MT210009RT (3/7/25)[3-pg. document]