Landlord Didn't Collect Broker's Fee

June 30, 2003

LVT Number: 16681

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming that landlord collected an unlawful broker's fee when tenant moved into the apartment. The DHCR ruled against tenant. There was no proof that landlord collected a broker's fee from tenant. And tenant didn't raise this issue before the DRA. Tenant couldn't raise the issue for the first time in his PAR.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, claiming that landlord collected an unlawful broker's fee when tenant moved into the apartment. The DHCR ruled against tenant. There was no proof that landlord collected a broker's fee from tenant. And tenant didn't raise this issue before the DRA. Tenant couldn't raise the issue for the first time in his PAR.

McBean: DHCR Adm. Rev. Dckt. No. RD410062RT (5/28/03) [2-pg. doc.]

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