No Overcharge Found for Months Where Landlord Didn’t Accept Rent Payments

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,245, including interest. Landlord appealed and won, in part. The DRA found that landlord collected overcharges for seven months, but landlord pointed out that it collected no rent from tenant for the last three of those months. Tenant argued that she paid the rent, but landlord simply didn’t cash her checks. The DHCR removed any rent overcharge finding for the three months during which landlord didn’t collect the rent and reduced the total overcharge finding with interest to $24,022.

Big City Property Management, Inc.: DHCR Adm. Rev. Docket No. DV110032RO (4/6/16) [2-pg. doc.]