Tenant Can File Separate Rent Overcharge Complaint

Rent-stabilized tenant complained that landlord failed to renew her lease. The DRA ruled for tenant and directed landlord to offer tenant a renewal lease. Tenant appealed and lost. Tenant pointed out that he raised rent overcharge issues in his lease renewal complaint. But lease violation was the only issue in the “RV” proceeding. If tenant believes that landlord has collected more than the legal rent, tenant can file a rent overcharge complaint. The DRA properly treated tenant’s complaint solely as a lease violation complaint, even if tenant raised claims about rent overcharge during the course of that proceeding.

Kannry: DHCR Adm. Rev. Docket No. DS210024RT (12/29/15) [2-pg. doc.]