Landlord Claims Overcharge Due to Managing Agent's Error

LVT Number: 10869

Tenant complained of a rent overcharge. The DRA awarded tenant a total overcharge of $766, including triple damages. Landlord appealed, claiming the overcharge wasn't willful. Landlord had moved to Florida and claimed his managing agent made the rent overcharge error. The DHCR ruled against landlord, saying landlord is responsible for the actions of its employees or agents. Landlord's negligent supervision of an employee who makes either accidental or deliberate errors isn't an excuse.

Tenant complained of a rent overcharge. The DRA awarded tenant a total overcharge of $766, including triple damages. Landlord appealed, claiming the overcharge wasn't willful. Landlord had moved to Florida and claimed his managing agent made the rent overcharge error. The DHCR ruled against landlord, saying landlord is responsible for the actions of its employees or agents. Landlord's negligent supervision of an employee who makes either accidental or deliberate errors isn't an excuse.

Rock: DHCR Admin. Rev. Dckt. No. JJ210280RO (4/1/96) [2-page document]

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