Rent Overcharge Resulted from 1989 Rent Reduction Order

LVT Number: #30244

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,517, including interest. Landlord appealed and lost. Tenant moved into the apartment in 2013. The overcharge finding was based on a rent freeze resulting from a prior DHCR rent reduction order issued in 1989. The rent wasn't restored until 2016. Landlord argued that in a 2016 court case, NAPA Partners, LLC v. DHCR, the Queens Supreme Court had ruled that a Court of Appeals decision in Cintron v.

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88-05 171 LLC: DHCR Adm. Rev. Docket No. GQ110050RO (5/22/19) [3-pg. doc.]