Tenant Raised Specific Issue in Complaint

November 1, 2001

LVT Number: 15398

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, pointing out that tenant didn't file a general overcharge complaint. Tenant, instead, specifically complained that landlord overcharged him by billing him for legal fees connected with a court case. The DHCR ruled for landlord in part. Tenant didn't file a general overcharge complaint, so the DRA's order was revoked. But there was no proof that landlord was authorized by a court to collect the $30 legal fee. So landlord had to refund that amount to tenant.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, pointing out that tenant didn't file a general overcharge complaint. Tenant, instead, specifically complained that landlord overcharged him by billing him for legal fees connected with a court case. The DHCR ruled for landlord in part. Tenant didn't file a general overcharge complaint, so the DRA's order was revoked. But there was no proof that landlord was authorized by a court to collect the $30 legal fee. So landlord had to refund that amount to tenant.

Beachlane Mgmt.: DHCR Admin. Rev. Dckt. No. PF410055RO (9/12/01) [2-pg. doc.]

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