Rent-Controlled Tenant Claiming Overcharge Must File Complaint in Court

The DRA granted landlord’s application for a 2016-2017 maximum base rent (MBR) order of eligibility, effective Jan. 1, 2016. Tenant filed a challenge to the order, claiming that in a prior order the maximum collectible rent (MCR) was $223.05 effective Jan. 1, 2012, and that landlord hadn’t filed an application for a computed MBR order of eligibility. The DRA ruled against tenant and noted that landlord should request a computed order of eligibility for the building before increasing the MCR under the MBR program. Tenant appealed and argued that landlord indicated that the MCR should be $787.34, which was contrary to the DRA’s orders. The DHCR ruled against tenant. If landlord was collecting a rent overcharge, tenant could file a court action based on that claim. 

Hille: DHCR Adm. Rev. Docket No. ER420007RT (8/3/16) [3-pg. doc.]