Landlord Proved Rent Reduced Before Order Issued

LVT Number: 19183

Tenant complained of a rent overcharge. She said landlord never reduced her rent in response to a service reduction order issued by the DHCR in 2004. The DRA found that the overcharge was willful and ordered a refund of $8,000, including triple damages. Landlord appealed and won. Landlord submitted rent payment records showing that it reduced tenant's rent in accordance with the rent reduction order while tenant's rent overcharge complaint was pending. The DHCR reduced the total overcharge finding to $4,000.

Tenant complained of a rent overcharge. She said landlord never reduced her rent in response to a service reduction order issued by the DHCR in 2004. The DRA found that the overcharge was willful and ordered a refund of $8,000, including triple damages. Landlord appealed and won. Landlord submitted rent payment records showing that it reduced tenant's rent in accordance with the rent reduction order while tenant's rent overcharge complaint was pending. The DHCR reduced the total overcharge finding to $4,000.

185 Atlantic Assocs.: DHCR Adm. Rev. Docket No. TG710016RO 8/18/06 [5-pg. doc.]

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