DHCR Must Apportion Overcharge Award Between Tenant and SCRIE Program

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $11,770 to tenant. Landlord appealed and argued that the DRA failed to apportion the rent refund between tenant and the NYC Department of Finance (DOF), which subsidized tenant’s rent under the SCRIE program. The DHCR ruled against landlord, who then filed an Article 78 appeal. The court sent the case back to the DHCR, ruling that the DHCR must apportion any rent overcharge attributable to rent payments by tenant and that covered by SCRIE benefits. the DHCR sent the case to the DRA to issue a new order incorporating the apportionment.

Rego Estates: DHCR Adm. Rev. Docket No. EV110002RP (11/15/16) [3-pg. doc.]