Tenant Gets No Attorney's Fees from DHCR in Rent Overcharge Case

Tenant complained to the DHCR of rent overcharge. The DRA dismissed the complaint, finding that the apartment wasn't rent stabilized. Tenant appealed and won, in part. The DHCR found that the apartment was rent stabilized, that the base date rent was $2,500 per month, and the legal regulated rent was permanently reduced by $121.34 per month starting Jan. 1, 2014, based on a reduction in hotel stabilization services. So all rents collected by landlord from tenant in excess of $2,500 per month since Jan. 17, 2007, as well as an additional $121.34 per month starting on Jan. 1, 2014, for the lack of hotel services, should be refunded to tenant with 9 percent interest. But the DHCR also found that a ruling as to the amount of overcharges, if any, should be made by housing court since the parties already had a nonpayment proceeding pending there. Tenant had submitted no proof of rent payments before the DRA with his overcharge claim. 

Tenant then filed an Article 78 court appeal, claiming that the DHCR arbitrarily and unreasonably denied triple damages and attorney's fees on his overcharge claim. The court denied the portion of the appeal seeking triple damages and sent the case back to the DHCR to rule on the legal fee issue. The DHCR then ruled against tenant. In this case, the DHCR didn't find that the landlord here overcharged the tenant. Instead, the DHCR ruled that a determination as to the amount of any overcharge should be decided by the housing court. The tenant also submitted no proof of payments to the DRA or to the DHCR on appeal. 

Miller: DHCR Adm. Rev. Docket No. LW410003RP (8/29/24)[3-pg. document]