Overcharge Refund Applied to Back Rent Owed

April 30, 2009

LVT Number: #21210

Rent-stabilized tenant complained of a rent overcharge. Landlord agreed that there was some overcharge and said that it would give tenant a credit for the overcharge against back rent that was owed. The DRA ruled for tenant, but found that no refund was needed since landlord had given tenant the credit against the larger amount of back rent outstanding. Tenant appealed, claiming that he never agreed to the amount of back rent landlord said was due. The DHCR ruled against tenant. Tenant had signed a settlement agreement in housing court where he agreed that he owed $8,300 in back rent.

Rent-stabilized tenant complained of a rent overcharge. Landlord agreed that there was some overcharge and said that it would give tenant a credit for the overcharge against back rent that was owed. The DRA ruled for tenant, but found that no refund was needed since landlord had given tenant the credit against the larger amount of back rent outstanding. Tenant appealed, claiming that he never agreed to the amount of back rent landlord said was due. The DHCR ruled against tenant. Tenant had signed a settlement agreement in housing court where he agreed that he owed $8,300 in back rent. Tenant claimed that he didn't agree to this, but he didn't deny signing the settlement agreement. The court order confirming the settlement agreement appeared to be valid, and the DRA correctly approved landlord's refund through application to rent arrears.

1057 Clay Avenue: DHCR Adm. Rev. Docket No. XA610009RT (3/23/09) [2-pg. doc.]

Topics

More like this