Landlord Must Refund Over $147,000 for Rent Overcharge Based on Fraud

LVT Number: #30405

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $147,045, including triple damages and interest. Landlord appealed and lost. Landlord claimed that the DRA should not have looked back more than four years to determine the legal rent. Landlord pointed to the 2018 appeals court case of Regina Metropolitan Co., LLC v. DHCR, which applied the four-year rule to calculate an improperly deregulated apartment in a J-51 building.

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N. Henry 233, LLC: DHCR Adm. Rev. Docket No. GU210029RO (8/6/19) [3-pg. doc.]