Small Rent Overpayment by ERAP Must Be Refunded to OTDA

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $9,943, including triple damages and interest. The DRA noted that, after a partial refund already granted, the outstanding refund due was $1,164.

Tenant appealed and won in part. Tenant argued that no portion of the overcharge was ever refunded or credited to her. She also claimed there was a 2024 rent increase not taken into account in the DRA's calculations. A housing court stipulation that tenant had submitted to the DRA pointed out that there were no rent arrears on July 1, 2019, or at any point through September 2023. So tenant didn't pay less than the rent charged during that time. There also was a small overpayment of rent to landlord made by the ERAP program, which the DRA correctly ordered landlord to refund to the NY State Office of Temporary & Disability Assistance (OTDA). After correction, the total refund amount due to tenant was $10,041.40. 

Phillip: DHCR Adm. Rev. Docket No. MS210019RT (1/22/25)[3-pg. document]