Rent Overcharge Refund Reduced to Reflect Back Rent Owed

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,586, including interest and deducting a rent underpayment of $1,491. Tenant appealed and lost. Tenant claimed that the DRA ignored proof of certain rent payments she submitted. Tenant also claimed she was owed $9,150 for maintenance work performed at the premises. The DHCR found that the DRA's calculations were correct. Tenant's rent payments were irregular and the DRA applied payments made in some months to rent owed for earlier months. The DHCR had no authority to rule on tenant's maintenance work claim although landlord did give tenant rent credits of $150 per month for various periods between 2011 and 2013.

Octalien: DHCR Adm. Rev. Docket No. GQ210071RT (6/5/19) [2-pg. doc.]