Tenant Can File Complaint While Landlord Bankruptcy Case Pending

September 30, 2005

LVT Number: 18392

Tenant complained of a rent overcharge. The DRA ruled for tenant. Tenant appealed, claiming that the DRA should have awarded triple damages for willful overcharge. The DHCR ruled for tenant. Landlord's filing of a bankruptcy case didn't bar tenant from filing an overcharge complaint while the bankruptcy case was pending. There was no basis for extending the two-year period for the imposition of triple damages. However, tenant filed a proof of claim based on the rent overcharge with the bankruptcy court in July 2002.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Tenant appealed, claiming that the DRA should have awarded triple damages for willful overcharge. The DHCR ruled for tenant. Landlord's filing of a bankruptcy case didn't bar tenant from filing an overcharge complaint while the bankruptcy case was pending. There was no basis for extending the two-year period for the imposition of triple damages. However, tenant filed a proof of claim based on the rent overcharge with the bankruptcy court in July 2002. So the two-year period for imposing triple damages went back to July 2000.

Dilone: DHCR Adm. Rev. Dckt. No. TF410009RP (8/17/05) [4-pg. doc.]

Downloads

TF410009RP.pdf224.85 KB

Topics

More like this