DHCR Properly Calculated Overcharge Refund Due to Tenant Getting DRIE and DSS Benefits

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $3,134, including interest. The DRA noted that since landlord had refunded to tenant an amount greater than the overcharge award, landlord didn't owe tenant anything further.

Tenant appealed and lost. The DRA properly calculated the rent overcharge. Tenant never paid more than her portion of the rent as set forth in Orders of Approval issued by the DRIE program that tenant participated in. The DRA also properly factored Department of Social Services (DSS) payments made on tenant's behalf into its calculations, and properly calculated rent overcharges based on the full payments received by landlord from all sources. Tenant claimed that landlord received more from these agencies than calculated by the DRA, but provided no proof to support this claim. This PAR proceeding was limited to a review of the correctness of the DRA's order based on evidence submitted to the DRA. 

Huesca: DHCR Adm. Rev. Docket No. JW210014RT (1/31/22)[2-pg. document]