Triple Damages Applied to Overcharge Finding Resulting from Rent Reduction Order

LVT Number: #25875

Tenant complained of rent overcharge and improper lease renewal. The DRA ruled for tenant in part and ordered a refund of $3,825 including triple damages. The overcharge was based on a rent freeze resulting from an outstanding rent reduction order. Tenant appealed and lost. Tenant claimed that landlord and the DHCR also had failed to fulfill its obligations under the Private Housing Finance Law. The DHCR ruled that these additional claims had to be pursued in court and could not be decided by the DHCR.

Tenant complained of rent overcharge and improper lease renewal. The DRA ruled for tenant in part and ordered a refund of $3,825 including triple damages. The overcharge was based on a rent freeze resulting from an outstanding rent reduction order. Tenant appealed and lost. Tenant claimed that landlord and the DHCR also had failed to fulfill its obligations under the Private Housing Finance Law. The DHCR ruled that these additional claims had to be pursued in court and could not be decided by the DHCR.

Winston: DHCR Adm. Rev. Docket No. BO410003RT (9/8/14) [2-pg. doc.]

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