Landlord Collected Overcharge from Section 8 Tenant

Section 8 tenant complained of a rent overcharge. The DRA ruled for tenant in part. The DRA found that the monthly rent being charged was $8.00 more than the legal regulated rent and that no refund was due for tenant's share of the Section 8 rent since it was always less than the legal regulated rent. But landlord was ordered to refund any security deposit held in excess of the monthly legal rent and to file amended registrations for the years 1990 through 1993. Landlord appealed, claiming that the DHCR had no authority to rule on the Section 8 tenant's complaint. The DHCR ruled against landlord. Tenant's apartment was still covered by the ETPA, and the DHCR was authorized to rule on the legal rent.

R. Mott: DHCR Adm. Rev. Dckt. No. IC710065RO (12/9/99) [3-pg. doc.]