Landlord Collected Renewal Increase Without Executed Renewal Lease

August 24, 2018
LVT Number: #28609

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,228, including triple damages. Landlord appealed and lost. Landlord claimed that there was no willful rent overcharge. But the law creates a presumption of willfulness absent proof to the contrary by landlord. Landlord charged tenant a renewal lease increase starting Sept. 1, 2014, although landlord didn't actually renew the lease until Dec. 1, 2014. So triple damages were properly imposed for the rent overcharge period.

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740 Myrtle Avenue, LLC: DHCR Adm. Rev. Docket No. FV210035RO (6/7/18) [5-pg. doc.]

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