NYS DHCR Office of Rent Administration, Overcharge R-PAR Orders (July 1 - Sept 29 2025, Part 1)

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Admin Review Docket No. NN210014RO

the PAR must is denied.

A review of the ledger submitted to the RA shows that in each of
the disputed months, namely November of -2015, May of 2016, and April
of 2024, the tenant overpaid by the amounts set forth in the
Calculation Chart that was part of the RA' s· Order at issue (after
payment of the monthly rent and deduction of ar_rears taken from the
tenant's payments for these months). When considering the ledger's
"Excess Applied" and "Adjusted Rent Paid" for the three disputed
months, and the fact that the owner charged the tenant a full month's
rent for each month following these three months, it is clear that the
owner· _did not credit extra rent paid by the tenant in these three
months towards future rents. Accordingly, no matter the reason for
these excess rental payments, because excess rents were not credited
on the ledger towards future rents due, these excess rents, as
reflected on the above-referenced Calculation Chart, were overcharges.
It is noted that the owner does not challenge other overcharges found
by the RA' s Order and, therefore, these overcharges will not be
investigated or addressed herein.