No Additional Rent Reduction for Calculation Error

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to answer the complaint. The DRA ordered landlord to refund $2,500 to tenant, including interest. Tenant appealed. He claimed that the DRA had made a calculation error and had used the wrong base date. In response, landlord submitted rent history documents showing that there was no actual overcharge. The DHCR ruled against tenant. Tenant was correct that the DRA had made calculation errors and had used the wrong base date. But there was no actual overcharge, so the DHCR wouldn't increase the overcharge finding. At the same time, landlord still had to pay the refund ordered by the DRA. The DHCR considered landlord's rent history documents only because the DRA had not sent landlord a final notice of pending default before ruling on tenant's complaint. But tenant shouldn't be put in a worse position as a result of his Petition for Administrative Review (PAR).

Giurca: DHCR Adm. Rev. Docket No. UC910005RT (9/13/06) [4-pg. doc.]