Tenant Gets Excess Rent Collected After DHCR's Order

Tenant filed a fair market rent appeal, challenging the first rent-stabilized rent for his apartment. The DRA ruled for tenant and ordered landlord to refund the excess rent it had collected to tenant. Landlord appealed and lost. It took the DHCR almost 10 years to decide landlord's PAR, and the refund order was delayed while the PAR was pending. Tenant then sued landlord in court for the refund amount plus excess rent it had paid to landlord after the DRA's order, while landlord's PAR was pending. Tenant also asked for 10 years' worth of interest. Landlord objected. The court ruled for tenant. Tenant shouldn't be punished for the DHCR's delay in deciding the case. Tenant was entitled to collect the refund amount plus excess rent collected by landlord while the PAR was pending. And tenant was entitled to interest for all the years he wasn't given the refund.

Gersten v. 111-50 Realty Co.: NYLJ, 7/11/01, p. 25, col. 5 (Civ. Ct. Queens; Walker, J)