Landlord's Appeal Can't Result in Increased Overcharge Finding

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed, claiming that there were some technical errors in the DRA's calculations. The DHCR ruled for landlord but also found further errors in the DRA's calculations that resulted, overall, in a bigger rent overcharge finding than the original one. Landlord appealed, and the court sent the case back for reconsideration. The DHCR ruled for landlord by denying landlord's PAR. Generally, if only landlord appeals an overcharge finding, the DHCR won't issue a ruling that would put landlord in a worse position than it had been in before. In cases like this one, where tenant didn't appeal, the DHCR has denied landlord's PAR rather than recalculated the overcharges.

Spencer Mgmt. Corp.: DHCR Adm. Rev. Dckt. Nos. LI910010RP, LI910009RP (10/9/97) [9-page document]