Landlord Apportioned Overcharge Refund Between Tenant and SCRIE

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $27,000, including interest. The DRA acknowledged a prior refund of $8,000 and ordered landlord to refund to tenant the remaining $19,000. Landlord appealed. Landlord had refunded the $8,000 to tenant and had sent a check for the $19,000 to SCRIE, which had not deposited the check to date. Landlord asked the DHCR to modify the DRA’s order to clarify that the remaining refund was due to SCRIE, not to tenant. The DHCR didn’t change the DRA’s decision except to note that the DRA’s order didn’t state that tenant had paid the $19,000 and that tenant couldn’t enforce a judgment against landlord for the $19,000.

3640 Broadway NYC, LLC: DHCR Adm. Rev. Docket No. CU410041RO (5/15/15) [3-pg. doc.]