Landlord Properly Notified of Tenant Claims and Triple Damages

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's failure to submit a complete rent history, and ordered landlord to refund $29,815, including triple damages. Landlord appealed, claiming that she didn't receive the DRA's notice that failure to answer tenant's complaint would result in triple damages. Landlord also said that tenant's attorney never sent her documents submitted to the DRA showing that tenant was rent stabilized as a result of the J-51 benefits landlord had received. The DHCR ruled against landlord. The triple damages notice was sent to landlord at her home address. Landlord claimed that she didn't receive it because she was out of the country for four months. This was no excuse. Besides, landlord had a managing agent who could have responded on her behalf. And tenant's attorney had no responsibility to send landlord a copy of the J-51 documents. Parties to a DHCR proceeding are required only to submit complaints and responses to the agency.

Obiora: DHCR Adm. Rev. Docket No. WF210010RO (8/28/08) [4-pg. doc.]