Landlord Must Contact DOF to Determine How to Refund SCRIE Tenant

Rent-stabilized tenant complained of rent overcharge based on a prior rent reduction order that froze the collectible rent to $621 from June 1, 2011, to September 2016 when rent was restored. The DRA ruled for tenant and ordered a refund of $11,518, including triple damages and interest. Landlord appealed and lost. Landlord argued that tenant never paid more than $562.55 per month because her portion of payable rent was frozen by the SCRIE program. The DHCR stated that the rent that landlord received from the tenant and from NYC in the form of a tax credit was above the amount of the mandated rent reduction. Therefore, a refund of any determined rent overcharge was payable to tenant or to the NYC Department of Finance. This is why the DRA's order noted that tenant received SCRIE and that the parties should contact the DOF.

Broadway Inwood LLC: DHCR Adm. Rev. Docket No. EV410048RO (4/10/17) [3-pg. doc.]