No Overcharge Owed to Tenant Whose Rent Arrears Exceeded Any Refund Due

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding some overcharge but also finding that rent arrears were more than the $5,117 overcharge found. So landlord owed no refund to tenant. Tenant appealed and lost. Tenant claimed that landlord had failed to credit her with a $1,320 payment made toward rent in August 2021. But landlord did credit tenant for that amount in its rent ledger, which reduced rent arrears from $4,510 to $3,191 as of that date. A rent payment of $5,000 in January 2023 also was reflected in the rent ledger and reduced rent arrears from $6,797 to $1,797. Tenant provided proof of rent payments to the RA up to June 2023. So the RA properly ended the calculation of any overcharge as of that date. 

Hillocks: DHCR Adm. Rev. Docket No. MM210011RT (7/2/24)[2-pg. document]