Tenant Didn't Actually Complain of Rent Overcharge

Tenant filed a rent overcharge complaint, specifically stating that his complaint was based on improper apartment registration and conversion of master gas meters to individual meters. Tenant claimed that new landlord failed to register new ownership information with the DHCR and that conversion of the meters created financial hardship. The DRA ruled for tenant, finding a general overcharge, based on landlord’s failure to answer the complaint. Landlord appealed, and pointed out that tenant didn’t actually complain of a rent overcharge. The DHCR ruled for landlord and revoked the overcharge finding. Tenant didn’t claim there was an overcharge on the complaint form, and the DRA shouldn’t have treated tenant’s complaint as one for a general rent overcharge.

1639 Nelson Avenue: DHCR Adm. Rev. Docket No. XC610026RO (5/13/09) [3-pg. doc.]