No Overcharge Where Tenant Paid Less Than Legal Regulated Rent

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2021. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. The DRA had found that the legal base date rent was $1,410.48 per month and that tenant's rent had been increased legally with each renewal lease thereafter. Tenant argued that she paid $1,230 per month between March 2018 and March 2020 and therefore her rent shouldn't have been increased to $1,504.15 as of March 1, 2020. The DHCR ruled that, for the period in question, tenant's lease listed tenant's rent as $1,467.46 per month and landlord registered that amount with the DHCR. While tenant showed that she paid $1,230 rather than $1,467, there was no indication that landlord waived the right to collect the full amount during that time. Landlord had in fact commenced a proceeding against tenant to collect back rent and had obtained a large judgment. Landlord also properly based the next renewal lease rent on the $1,467.46 rent. 

Belfon: DHCR Adm. Rev. Docket No. MU210015RT (2/18/25)[2-pg. document]