Overcharge Limited to Periods Where Tenant Submitted Proof of Rent Payment

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,500 for the period between Jan. 1, 2014, through Dec. 31, 2015. Tenant appealed and lost. Tenant claimed that there were additional overcharges through 2016. But tenant ignored the DRA's request for additional information that asked tenant to submit proof of recent rental payments while her complaint was pending. The DHCR found that tenant was given ample opportunity by the DRA to submit proof of 2016 rental payments. The DRA reasonably calculated rent overcharges through December 2015. If landlord collected rent overcharges during 2016 and hadn't refunded them, tenant could file a new rent overcharge complaint.

Brown: DHCR Adm. Rev. Docket No. FP110050RT (1/31/18) [2-pg. doc.]