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

Citation
NYS DHCR Office of Rent Administration, Overcharge R-PAR Orders (July 1 - Sept 29 2025, Part 1)
Jurisdiction
New York (state)
Source
Official source

Full Text

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Based on the foregoing, the petitioner is entitled to an
additional $834.39 in damages as alleged on PAR. Given, however, that
ERAP is a rental assistance program designed to reduce arrears and
there is no evidence that the owner actually received the payment from
ERAP, the Commissioner will not add that amount to the overcharge.
Instead, said amount should reduce the rent credit which offset the
overcharge damages just as it woµld reduce arrears that acted to offset
the damages. Therefore, the refund offsetting the damages is reduced
from $2,815.68 to $1,981.29 based upon the waiver of one month's rent.

1 The Commissioner notes that the tenant filed a separate overcharge complaint

concerning the issue of ERAP and the RA issued an order on ·February 10, 2025 under
docket number NM410004R stating that the ERAP issue would be addressed in this
PAR.
2