Rent Overcharge Determined Using Default Method

Rent-stabilized tenant in Yonkers complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $36,345, including interest and triple damages. Landlord appealed and lost. Landlord claimed that it never received notice of the overcharge complaint. But the Rent Administrator properly mailed the complaint and a later triple damages notice to landlord at its listed address. The triple damages notice was sent to landlord by certified mail, return receipt requested. That letter was returned to the DHCR with a post office notification that landlord refused to accept it. So, landlord's default wasn't excusable. And, based on landlord's default, the DRA properly set the base date rent by using the default method found in ETPA Section 2502.6. The application of the default method froze the base date rent.

Guzman: DHCR Adm. Rev. Docket No. HM910003RO (3/27/19) [4-pg. doc.]