Landlord Mistakenly Claims That Overcharge Issue Was Already Resolved

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $13,906, including interest and triple damages. Landlord appealed and lost. Landlord claimed that it wasn't aware of this overcharge complaint, and had resolved any overcharge claim in responding to a prior lease violation complaint that tenant filed with the DHCR. The DHCR rejected landlord's claim. The base date for tenant's complaint was June 14, 2015. Since that date, landlord had collected rent increases between January 2016 and November 2023 that were above the applicable rent guidelines. The rent overcharge case was separate and apart from the prior lease violation case, where rent overcharge issues were not resolved. Landlord knew that this proceeding had a separate docket number and the DRA had sent landlord a triple damage notice before issuing its order. And landlord's purchase of the building from a prior landlord didn't excuse landlord from liability for the tenant overcharge.

Eternity Realty, Inc.: DHCR Admin. Rev. Docket No. MN110012RO (5/14/24)[2-pg. document]