Tenant Must File Separate Overcharge Complaint

Rent-stabilized tenant complained of an improper lease renewal. The DRA ruled for tenant. Since landlord offered the renewal late, the commencement date must be changed and landlord must return any rent increase prematurely collected. Tenant appealed, claiming that landlord had overcharged her under the renewal lease. The DHCR ruled against tenant. The DRA's order specifically advised tenant that if landlord failed to refund any overcharge collected as a result of the improper renewal lease, tenant could file a rent overcharge complaint. This issue couldn't be considered in tenant's PAR of the order on her lease renewal complaint.

Wilson: DHCR Adm. Rev. Docket No. YH210061RT (9/20/11) [2-pg. doc.]