Tenant Seeks Attorney's Fees in Overcharge Proceeding

Tenant complained of a rent overcharge. Landlord claimed that there was no overcharge and that it had paid $60,000 for apartment improvements before tenant moved in. The DRA ruled for tenant, disallowed much of landlord's claimed improvements, and reduced tenant's monthly rent from $2,200 to $1,000. The DRA ordered landlord to refund $138,375, including triple damages. Tenant appealed, claiming that he was entitled to attorney's fees. Landlord argued that tenant couldn't make an attorney's fees claim for the first time in his PAR. The DHCR ruled for tenant. Tenant had asked for attorney's fees while the case was pending before the DRA. Rent Stabilization Code Section 2526.1(d) authorizes an award of attorney's fees if a landlord is found to have overcharged a tenant. The case was sent back to the DRA to consider tenant's request.

Graham Court Owners Corp./Taylor: DHCR Adm. Rev. Docket Nos. VB410016RO, VB410017RT (1/17/08) [5-pg. doc.]