Tenant Can Pursue Overcharge Claim After Eviction

Westchester County rent-stabilized tenant complained to the DHCR of a rent overcharge in September 2007. Landlord claimed that tenant stopped paying rent in August 2007 and was evicted in December 2007. Landlord submitted copies of the judgment and eviction warrant to the DRA. The DRA ruled for tenant and ordered landlord to refund $1,700, including interest. Landlord appealed, claiming that tenant owed $2,400 in back rent. The DHCR ruled against landlord. Landlord didn't state how much rent was owed when he answered tenant's complaint. Landlord can sue tenant for back rent in a separate court proceeding. If tenant tried to enforce the DRA's order as a judgment, landlord could point to language in the DRA's decision giving landlord the right to offset any refund due by proof supporting a counterclaim of back rent owed.

143 Prospect Avenue: DHCR Adm. Rev. Docket No. WG910060RO (3/26/09) [2-pg. doc.]