Landlord Must Refund $32,820 to Tenant Based on 1993 Rent Reduction Order

Rent-stabilized tenant complained of rent overcharge based on a prior rent reduction order. The DRA ruled for tenant. The 1993 rent reduction order froze tenant’s rent at $181, and the DRA ordered landlord to refund $32,820 with interest. Tenant appealed and lost. Tenant claimed that, during the period since the base date, he had paid more rent than what the DRA determined. Therefore, the amount of the overcharge was greater than that determined by the DRA. But tenant didn’t present proof of higher rent payments to the DRA, and the DHCR couldn’t consider new evidence on appeal.

Smith: DHCR Adm. Rev. Docket No. ET610057RT (2/14/17) [3-pg. doc.]