Unapplied Rent Reduction Order Froze Tenant's Rent

LVT Number: #31493

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that a prior rent reduction order had frozen his rent. The DRA ruled for tenant and ordered landlord to refund $7,918, including interest. Landlord appealed and lost. Tenant complained in March 2019 and paid $906 per month at that time. The DRA applied a four-year base date and noted that the legal regulated rent was $888.54 on that date.

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that a prior rent reduction order had frozen his rent. The DRA ruled for tenant and ordered landlord to refund $7,918, including interest. Landlord appealed and lost. Tenant complained in March 2019 and paid $906 per month at that time. The DRA applied a four-year base date and noted that the legal regulated rent was $888.54 on that date. But, due to the previously issued rent reduction order still in effect in March 2015, the collectible rent at that time was $771.81 and that rent was frozen because no DHCR rent restoration order had been issued. No triple damages had been assessed by the DRA.

180 Hawthorne Realty: DHCR Adm. Rev. Docket No. JN910029RO (6/1/21)[3-pg. document]

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