Overcharge with Interest Over $35K Was Based on Outstanding Rent Reduction Order

LVT Number: #31065

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,260, including interest. The overcharge finding was based on an outstanding rent reduction order that was still in effect through March 31, 2018. Landlord appealed and lost. Landlord argued that the rent reduction order had been issued before it bought the building. But that didn't matter. Landlord is responsible for having knowledge of an apartment's rent history, which includes outstanding rent reduction orders. The rent was properly frozen until restored.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,260, including interest. The overcharge finding was based on an outstanding rent reduction order that was still in effect through March 31, 2018. Landlord appealed and lost. Landlord argued that the rent reduction order had been issued before it bought the building. But that didn't matter. Landlord is responsible for having knowledge of an apartment's rent history, which includes outstanding rent reduction orders. The rent was properly frozen until restored.

Simon Green Inc.: DHCR Adm. Rev. Docket No. IS210014RK (9/9/20) [5-pg. doc.]

Downloads

IS210014RK.pdf2.9 MB