Landlord Collected Reduced Rent Payment from Tenant Who Got DRIE Benefits

Rent-stabilized tenant complained to the DHCR in 2019 of rent overcharge. Tenant claimed that landlord ignored the fact that tenant had received DRIE benefits, which had frozen the portion of monthly rent collectible from her since 2012. The DRA ruled against tenant, who appealed and lost. The DHCR found that the amounts of the legal regulated rent and collectible rent reflected in the DRA's calculation chart were correct. Tenant's own payment records also showed that she never paid more than her share of the collectible rent for each lease term. There was no proof that landlord changed the rent rolls or rent amounts. Tenant also received from the City FHEPS monthly rental benefits that were properly based on the legal regulated rent and not on the DRIE reduced rent, which is a separate benefit for tenant. The ledger showed that landlord also properly applied ERAP payments received on tenant's behalf as well as the monthly DRIE tax credit.  Tenant had claimed that landlord wasn't fully applying the City FHEPS payment on rent bills because it identified that payment as both a credit and debit on the same bill. While such discrepancy isn't reflected in landlord's rent ledger, the DHCR advised the owner to refrain from doing this on future rent bills as it gave the appearance that the rent payment from FHEPS wasn't being properly applied. 

Thomas: DHCR Adm. Rev. Docket No. LU410007RT (12/7/23)[3-pg. document]