DHCR Proceeding to Determine Regulatory Status Incorrectly Considered Rent Overcharge

Tenant asked the DHCR to determine her apartment's rent-regulatory status and set the legal rent. She had lived in the unit since 2008 and claimed that it had been improperly deregulated. Landlord claimed that the apartment was vacancy-deregulated in 2001, but submitted insufficient documentation to support that claim. The DRA ruled for tenant, finding her to be rent stabilized with a legal rent in 2017 of $990 per month. The DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, and the case was sent back to the DHCR for further consideration. The DHCR ruled for landlord in part. The DHCR removed the portion of its prior order directing landlord to refund to tenant all monies collected in excess of the calculated legal regulated rent since April 2012, four years before tenant filed her complaint. The DRA improperly addressed an overcharge issue in this proceeding when the tenant's complaint sought only a ruling on her rent stabilization status. Tenant had in fact filed a separate rent overcharge complaint, which presently was pending before the DRA. 

536 E. 5th St. Equities: DHCR Adm. Rev. Docket No. JO410002RP (6/16/22)[4-pg. document]