Tenant Vacated Apartment Owing Rent

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA found current landlord liable for $2,800 of the overcharge refund due tenant. But landlord pointed out, as it had to the DRA, that tenant was evicted for nonpayment and owed landlord over $10,000. The DHCR ruled for tenant. Landlord showed that tenant owed the back rent before the DRA's order was issued, that tenant submitted no proof to the contrary, and that tenant moved out of the apartment leaving no forwarding address. For all these reasons, landlord didn't have to refund any overcharge to tenant. But the reduced rent, subject to subsequent lawful increases, remained in effect as a result of the DRA's order.

Halmoni Realty Corp.: DHCR Adm. Rev. Dckt. No. CF510023RO (1/26/96) [2-page document]