Rent-Controlled Tenant Must Seek Overcharge Determination from Court, Not DHCR

LVT Number: #28665

Rent-controlled tenant complained of rent overcharge. The DRA issued a computer printout of the apartment's Maximum Collectible Rent (MCR) history, including the Jan. 1, 2017, MCR of $2,433. The DRA advised tenant that, if landlord had collected an overcharge, he could sue landlord for damages in court. Tenant appealed and lost. Tenant claimed that the DRA didn't address his claim for overcharge for the period of Jan. 1, 2015, to the present and that the 2017 MCR was incorrect.

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Galarza: DHCR Adm. Rev. Docket No. FV420021RT (7/11/18) [3-pg. doc.]