Refund from Landlord to DSS Deducted from Overcharge Finding

Rent-stabilized tenant complained of rent overcharge because landlord had failed to comply with a rent reduction order. The DRA ruled for tenant and ordered landlord to refund $46,633, including interest. Landlord appealed and won. Landlord claimed that tenant's rent had been restored and that the DRA failed to deduct an $8,663 refund it issued to DSS, which had paid part of tenant's rent as a shelter allowance. The DHCR found, that since tenant's rent had been restored in 2014, $10,260 should be removed from the overcharge finding. And, since landlord had shown the DRA that it made payment to DSS, that amount was also removed. The total remaining overcharge refund due to tenant was $26,170.

B. K. Enterprises, LLC: DHCR Adm. Rev. Docket No. FN110036RO (9/26/17) [4-pg. doc.]