Tenant Paid Less Than Regulated Rent, So No Overcharge

Rent-stabilized tenant complained of a rent overcharge. He said that landlord raised his rent from $556 in December 2004 to $581 in January 2005 and to $756 in January 2007. He said that those increases were collected without a lease renewal. Landlord submitted rent ledgers and said that the increase to $756 per month wasn’t for a rent increase but for the agreed-upon addition of $175 per month to repay rent arrears going back to March 2005. The DRA ruled against tenant and dismissed the complaint. Tenant appealed, claiming that there was never any agreement to pay $175 per month for back rent. The DHCR ruled for tenant in part. Since tenant didn’t receive a renewal lease, the increase paid was considered rent. Still, review of landlord’s ledger showed that total legal rent owed for the period in question was $28,000, while tenant paid only $23, 430. So there was no overcharge.

Aguilar: DHCR Adm. Rev. Docket No. XC210075RT (10/1/09) [3-pg. doc.]