Tenant Didn't Prove Financial Relationship Between Broker and Landlord

LVT Number: 17002

Tenant complained of a rent overcharge. He claimed that landlord charged and collected an illegal broker's fee when he rented the apartment. The DRA ruled against tenant. Tenant appealed and lost. Landlord claimed that it didn't get any fees for renting its apartments and that the apartment was rented to tenant through an independent broker that had no financial relationship with landlord. Landlord's principal and the broker's agent were blood relatives and shared the same business address. But there was no proof of common ownership or a financial interest between the two.

Tenant complained of a rent overcharge. He claimed that landlord charged and collected an illegal broker's fee when he rented the apartment. The DRA ruled against tenant. Tenant appealed and lost. Landlord claimed that it didn't get any fees for renting its apartments and that the apartment was rented to tenant through an independent broker that had no financial relationship with landlord. Landlord's principal and the broker's agent were blood relatives and shared the same business address. But there was no proof of common ownership or a financial interest between the two.

Hicks: DHCR Adm. Rev. Dckt. No. RF210063RT (11/4/03) [2-pg. doc.]

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