DHCR Refuses to Consider How Much Security Deposit Should Be Returned to Tenant

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to pay tenant a refund of over $10,000, including an excess security amount of $1,470. Landlord appealed, claiming that tenant didn't have the right to complain of a rent overcharge because tenant had moved out of the apartment before filing the complaint. Landlord also claimed that tenant's failure to pay the full rent during certain months made up for any alleged overcharge. The DHCR ruled for landlord. Tenant had the right to file a rent overcharge complaint after he'd moved out of the apartment. But based on actual rent payments that tenant had made, there was no overcharge. Also, the DHCR wouldn't consider how much security deposit should be returned to tenant. If tenant feels landlord owes him a security deposit refund, he must go to court to pursue that claim.

Rubin: DHCR Adm. Rev. Dckt. No. RJ110013RO (10/29/04) [4-pg. doc.]