DHCR Can't Consider Issues Beyond Those Raised in Complaint

Rent-stabilized tenant complained of rent overcharge, claiming that landlord didn't properly account for interest on tenant's $200 security deposit paid in 1978. The DRA ruled that this was a "specific" rent overcharge complaint and that any issue concerning improper interest on tenant's security deposit must be pursued in a court of competent jurisdiction to recoup any claimed unpaid interest. The DRA also noted that, although tenant may be exempt from paying a rent increase upon lease renewal because he received SCRIE benefits, he must still pay the increased security deposit equal to one month's legal rent.

Tenant appealed and lost, claiming that there had been continuous willful overcharges for a three-year period. The DHCR ruled against tenant. Tenant raised new issues in his PAR that weren't raised before the DRA. The DHCR couldn't consider these new claims or consider documentation submitted by tenant for the first time with his appeal. The DRA correctly found that tenant had filed a specific overcharge complaint that therefore was limited to the security deposit issue.

Riddick: DHCR Adm. Rev. Docket No. JW610046RT (3/9/22)[3-pg. document]