NYS DHCR Office of Rent Administration, Overcharge R-PAR Orders (July 1 - Sept 29 2025, Part 2)

The Commissioner affirms the finding of treble damages· on the newly calculated
overcharge of$1,620. l 0. Pursuant to the Emergency Tenant Protection Act (ETPA), as amended
by the Housing Stability and Tenant Protection Act of 2019 (HSTPA), overcharges are presumed
willful and refunds or credits issued after the filing of the complaint, such as those issued here in
2022 and 2023, do not rebut the presumption of willfu!ness. See ETPA §2506.8 (h)(2)(i)(l) and
(2). Treble damages should be $3,240.20 ($1,620.10 x 2). The swn of the rent ciyercharges and
treble damages yields a subtotal of$4,860.30.-There is no interest assessment because interest was
formally assessed on the $1,942.72 overcharge that has now been eliminated.

In addition to the credit of $2,622.50 for ren·t arrears, additional credits of $482.39, $71.36
and $855.20 should have been applied to offset the damages. The total credit should be $4,031.45.

Therefore, the total amount due to the tenant, as amended herein, is $828.85 ($4,860.30 -
$4,031 .45),

The Commissioner will not consider the tenant's claims of additional overcharges because
·,
she did not file a PAR.

THEREFORE, in .accordance-withI the. relevant Rent Regulatory Laws and Regulations,
it is
ORDERED, that the owner's PAR is granted in part and that the Rent Administrator's
Order is modified as set forth in this Order, and having been so modified is affirmed.
ISSUED:
SEP 16 2025 I

�,�
Anthony Tatano
Deputy Commissioner

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