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

PAR Order LM610021RO, referenced by the owner, found that "[t]he
tenant never paid the amounts corresponding to the asserted rent
credits. These were simply ' credits to remove over-billing, and
there.fore they do not constitute post-complaint refunds requiring
subtraction from the overcharge.... " In the instant· case, however, the
ledger reflects that the tenant in fact actually paid the amounts over
the legal rents (after payments of monthly rents and application of
some of the excess monies paid to arrears as applicable at the time
of such payments). PAR Order LM610021RO further states that the owner
in that case "correctly assert[ed] that [large payments made in two
months at issue in that case) were not composed of collectible rent
plus overcharge but rather of such rent plus payment toward
satisfaction of previous rent owed. The Commissioner will therefore
eliminate the found overcharges for those two months ... . " In the instant
case, however, after arrears and the monthly rents were paid fqr the
months at issue herein, there were additional overcharges paid by the
tenant as correctly reflected in the RA' s Calculation Chart and as
explained above. PAR Order LM610021RO is therefore not analogous to
the instant case.

Rent Stabilization Code Section 2526. 7 states that overcharges are
subject to treble damages unless "the owner establishes by a
preponderance of the evidence that the overcharge was not willful" .

2
NN210015RT

register new rents with DHCR; and that the executrix bf the estate
has filed the missing registrations and submitted proof of filing
into evidence.