DHCR Needn't Consider Tenant's Claim of Excessive Back Rent

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant. Tenant appealed and lost. Tenant was paying a reduced rent based on an order reducing rent for a reduction in services. Yet tenant complained that landlord's rent bill stated large amounts of back rent owed each month. It didn't matter how much back rent landlord claimed in tenant's rent bills if landlord wasn't collecting an overcharge. If landlord and tenant couldn't settle a dispute about back rent, they must pursue other legal remedies.

Jean: DHCR Adm. Rev. Dckt. No. RI610046RT (11/19/03) [1-pg. doc.]