Landlord Must Refund $73,000 to Tenant

May 31, 2008

LVT Number: #20496

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default and ordered landlord to refund $73,000, including triple damages and interest. Landlord appealed, claiming that it changed managing agents while tenant's complaint was pending and that the DRA never sent notices to the new management. The DHCR ruled against landlord. The DHCR's records show that, in response to landlord's letter, the DRA sent a notice of default and proposed treble damages, as well as copies of tenant's complaint and a request for rent history records, to the new managing agent.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default and ordered landlord to refund $73,000, including triple damages and interest. Landlord appealed, claiming that it changed managing agents while tenant's complaint was pending and that the DRA never sent notices to the new management. The DHCR ruled against landlord. The DHCR's records show that, in response to landlord's letter, the DRA sent a notice of default and proposed treble damages, as well as copies of tenant's complaint and a request for rent history records, to the new managing agent. Landlord was properly notified of the complaint and given sufficient opportunity to respond. Landlord failed to submit rent history records, and the DRA properly reduced tenant's rent.

Vigor Realty, LLC: DHCR Adm. Rev. Docket No. VL410036RO (3/14/08) [3-pg. doc.]

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