DHCR Properly Applied Rent Payments to Calculate Total Overcharge

Tenant complained to the DHCR in 2020 of rent overcharge based on rent reduction orders, illegal fees/surcharges, and missing apartment registrations. The DRA ruled for tenant and directed a total refund of $4,632, including triple damages. No overcharge was found for two months where tenant didn't pay rent.

Tenant appealed and lost, claiming that she did pay for the months where the DRA found no rent payments were made. But the DHCR found that tenant didn't submit proof to the DRA of payment of rent for the months in question, and didn't object to the ledger submitted by landlord. The DHCR wouldn't consider new proof submitted for the first time with tenant's PAR. Also, when a tenant makes an irregular or lump-sum rent payment, said payment is first applied to the month the payment is received and then the excess is applied to the earliest month of arrears and brought forward as rent paid for other months of arrears. Here, any remaining arrears were accurately calculated from the landlord's rent ledger and then subtracted from the total damages. 

Barrow: DHCR Adm. Rev. Docket No. MT610005RT (12/12/24)[2-pg. doc.]