Revocation of Retroactive Application of HSTPA Provision Doesn't Change Overcharge

Rent-stabilized tenants complained of rent overcharge. The DRA ruled for tenants and found a total overcharge of $179,550, including triple damages and interest. But landlord was ordered to refund $89,748 because it had already refunded some portion of the overcharge. Tenant appealed and lost, then filed an Article 78 court appeal, claiming that the DHCR's order was arbitrary and unreasonable. The case was sent back to the DHCR to recalculate the overcharges based on passage of the HSTPA in June 2019. But subsequently, New York's highest court ruled in Regina Metro. Co LLC v. DHCR that the HSTPA changes to the overcharge lookback period didn't apply to this overcharge claim, which was filed before June 14, 2019. So there was no change to the DHCR's original order.

Guialdo: DHCR Adm. Rev. Docket No. JP410002RP (5/17/21) [2-pg. doc.]