Landlord Not Affiliated with Broker

Tenant filed a fair market rent appeal, challenging the initial rent for the rent-stabilized apartment. Tenant also claimed that she paid a fee to landlord of $725 when she rented the apartment. The DRA ruled for tenant in part. The first rent was the legal rent, but landlord didn't show that the broker who collected the rental fee was separate from landlord. So landlord was ordered to refund the fee, plus triple damages. Landlord appealed, showing that it had filed a late response to the DRA's request for information about the broker fee. Landlord also showed that the broker was independent and not affiliated with landlord. The DHCR ruled for landlord and revoked the overcharge order.

2073 78th St. Realty Corp.: DHCR Adm. Rev. Dckt. No. MI210040RO (9/13/00) [3-pg. doc.]