Landlord Didn't Prove It Gave Rent Credit to Tenant

LVT Number: 18266

Tenant complained of a rent overcharge. The DRA ruled for tenant, found that the overcharge was willful, and ordered landlord to pay triple damages. Landlord appealed, claiming that it had given tenant a rent credit for an overcharge based on a mistaken and incorrect MCI increase. The DHCR ruled against landlord. Landlord submitted no proof, such as rent bills or ledgers, that it had given tenant the claimed rent credit.

Tenant complained of a rent overcharge. The DRA ruled for tenant, found that the overcharge was willful, and ordered landlord to pay triple damages. Landlord appealed, claiming that it had given tenant a rent credit for an overcharge based on a mistaken and incorrect MCI increase. The DHCR ruled against landlord. Landlord submitted no proof, such as rent bills or ledgers, that it had given tenant the claimed rent credit.

368 Eastern Pkwy. LLC: DHCR Adm. Rev. Dckt. No. TE210011RO (6/28/05) [4-pg. doc.]

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