Tenant Didn't Prove Overcharge

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge since June 11, 2003, the base date four years before tenant filed his complaint. Tenant appealed. Tenant had a history of chronic nonpayment of rent, and made late rent payments in varying amounts since the base date. Tenant claimed that, overall, he overpaid landlord by about $4,000 or, in any event, paid more than the amount of the legal rent collectible since the base date. The DHCR ruled against tenant. The agency couldn't look back past the base date to find any further overcharge claimed by tenant. Also, landlord had sued tenant in housing court for nonpayment at least 12 times since the base date. Tenant could have raised the issue of overcharge in any of these proceedings, but didn't do so.

Marinigo: DHCR Adm. Rev. Docket No. WA110026RT (9/12/08)[ 3-pg. doc.]