Extra Month's Rent Collected at Start of Tenancy

Tenant complained of a rent overcharge. He claimed that when he moved into the apartment at a monthly rent of $800, landlord collected the first month's rent, one-month's security deposit, and an additional month's rent. Landlord disputed this. The DRA ruled for tenant and found that there was a willful overcharge. Landlord was ordered to refund $2,400, representing the overcharge amount plus triple damages. Landlord appealed. Landlord denied collecting more than one month's rent at the outset. The DHCR ruled against landlord. The building's super issued a rent receipt to tenant for $1,600, covering rent and security deposit, before tenant moved in. But landlord's ledger book also noted another $800 payment for an additional security deposit. Landlord wasn't entitled to collect more than one month's rent plus one month's security deposit when tenant moved in.

175 Hawthorne St. Assocs.: DHCR Adm. Rev. Dckt. No. UA210060RO (3/29/06) [3-pg. doc.]