Overcharge refund applied to back rent owed #21210.

Position::RENT OVERCHARGE
 
FREE EXCERPT

Rent-stabilized tenant complained of a rent overcharge. Landlord agreed that there was some overcharge and said that it would give tenant a credit for the overcharge against back rent that was owed. The DRA ruled for tenant, but found that no refund was needed since landlord had given tenant the credit against the larger amount of back rent outstanding. Tenant appealed, claiming that he never agreed to the amount of back rent landlord said was due.

The DHCR ruled against tenant. Tenant had signed a settlement agreement in housing court where he agreed that he...

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