Legal Rent When Tenant Changed Units Remained Rent Collected for First Unit

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,170, including triple damages. Tenant appealed and won. Tenant argued that the actual overcharge was much more substantial. He said that his rent shouldn't have been raised when he moved from apartment 3U to 6U because landlord's reconstruction project had made 3U "virtually uninhabitable."

The DHCR agreed and noted that, while tenant's move was made at tenant's request, the conditions that prompted tenant's request were the landlord's responsibility to fix. As determined in a housing court case between the parties, the change in apartments was based on landlord's failure to maintain required conditions of habitability in apartment 3U. The DHCR therefore found that it would be irrational and unjust to find that tenant's initial rent for the new apartment should be based on the new unit's rent history. So the base rent for apartment 6U when tenant moved was $580 per month. Taking subsequent lawful rent increases and a separate DHCR rent reduction order into account, the rent was frozen for some period, triple damages were applied, and the total refund due to tenant was $21,690.

Diaz: DHCR Adm. Rev. Docket No. NQ410011RT (1/30/25)[4-pg. document]