DHCR Didn't Decide Overcharge Claim in Prior Case

October 11, 2013

LVT Number: #25073

Rent-stabilized tenant complained of a rent overcharge. The DRA dismissed the complaint, finding that tenant's specific complaint that landlord refused to give her a two-year vacancy lease was resolved in a separate DHCR proceeding that decided tenant's lease renewal complaint. Tenant appealed and won. In the lease complaint proceeding, the DRA simply ordered landlord to extend tenant's one-year lease to two years at tenant's current rent of $3,300 per month. But, in the overcharge proceeding, the DRA should have examined whether the rent paid was the legal rent.

Rent-stabilized tenant complained of a rent overcharge. The DRA dismissed the complaint, finding that tenant's specific complaint that landlord refused to give her a two-year vacancy lease was resolved in a separate DHCR proceeding that decided tenant's lease renewal complaint. Tenant appealed and won. In the lease complaint proceeding, the DRA simply ordered landlord to extend tenant's one-year lease to two years at tenant's current rent of $3,300 per month. But, in the overcharge proceeding, the DRA should have examined whether the rent paid was the legal rent. Tenant correctly claimed that her legal rent was $3,200, not $3,300. Landlord was ordered to refund $1,040.

Sprauten: DHCR Adm. Rev. Docket No. ZD210021RT (8/11/13) [2-pg. doc.]

Downloads

ZD210021RT.pdf68.97 KB

Topics

More like this