DHCR Finds Rent Overcharge Despite Contrary TPU Ruling

The DHCR's Tenant Protection Unit (TPU) initiated a rent overcharge complaint with the DHCR's Office of Rent Administration (ORA). The DRA ruled for tenant and ordered landlord to refund $85,000, including triple damages and interest. Landlord appealed and lost. Landlord pointed out that the TPU found no rent overcharge because landlord charged tenant a preferential rent that was less than the reduced legal regulated rent determined by the TPU. And landlord had complied with the TPU's other directives to reduce the legal regulated rent and amend the 2013 annual rent registration. The DHCR noted that, although the TPU started the rent overcharge case, the ORA's proceeding was separate from the TPU's case. Landlord had failed, despite several DRA requests, to submit copies of a base date lease and/or ledger. So the DRA properly processed the case and made its decision.

Central Astoria LLC: DHCR Adm. Rev. Docket No. EW110079RO (11/17/17) [3-pg. doc.]