Rent Administrator Miscalculated Overcharge Refund Due to Tenant

Rent-stabilized tenant complained of rent overcharge based on a 2018 DHCR rent reduction order that was made retroactive to Oct. 1, 2017. The rent subsequently was restored retroactively to May 1, 2018. The DRA ruled against tenant, finding no overcharge. Tenant appealed and won. The DRA erred by finding that the collectible rent was an amount that was incorrect during the period of the rent reduction. The DRA also erred in its calculation of tenant's rental payments. A total overcharge refund, including triple damages, due to tenant was $1,356.

Osias: DHCR Adm. Rev. Docket No. KN110008RT (6/7/22)[3-pg. document]