Overcharge Offset by Unpaid Back Rent

September 30, 2007

LVT Number: #19945

Tenant complained of a rent overcharge. Landlord calculated that the overcharge totaled $445. But tenant owed $6,000 in back rent. So landlord claimed that no refund was due. The DRA ruled for landlord, confirming the overcharge amount. Tenant appealed, claiming that the calculation was incorrect because he had now paid the back rent due, there was a slight error in the calculation of back rent owed, and he was in fact owed money. The DHCR ruled for tenant and directed landlord to refund $92.

Tenant complained of a rent overcharge. Landlord calculated that the overcharge totaled $445. But tenant owed $6,000 in back rent. So landlord claimed that no refund was due. The DRA ruled for landlord, confirming the overcharge amount. Tenant appealed, claiming that the calculation was incorrect because he had now paid the back rent due, there was a slight error in the calculation of back rent owed, and he was in fact owed money. The DHCR ruled for tenant and directed landlord to refund $92.

Mendez: DHCR Adm. Rev. Docket No. VE210007RT (7/20/07) [3-pg. doc.]

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