Landlord Must Refund $80,000, Including Triple Damages

LVT Number: #27248

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $80,000, including triple damages. Landlord appealed and lost. Landlord failed to provide a base date lease or ledger, and the DRA therefore properly used its default method to set the base rent, which then remained frozen. Landlord’s failure to submit a complete rent history and thereby justify the rent also warranted a finding of willfulness and triple damages.

 

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $80,000, including triple damages. Landlord appealed and lost. Landlord failed to provide a base date lease or ledger, and the DRA therefore properly used its default method to set the base rent, which then remained frozen. Landlord’s failure to submit a complete rent history and thereby justify the rent also warranted a finding of willfulness and triple damages.

 

Morgan Bari Manor LLC: DHCR Adm. Rev. Docket No. EO910052RO (7/27/16) [5-pg. doc.]

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