Legal Rent Reduced Based on Improper Conditional Rent Concession Clause

LVT Number: #30123

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,220, including interest and triple damages. The DRA found that landlord offered tenant a temporary conditional rent concession provided tenant's monthly rent payment was received on time. If the rent was paid late, the lease required tenant to pay well more than 5 percent of the rent as a late fee. The DRA found that the conditional rent concession violated the Rent Stabilization Law, Rent Stabilization Code, public policy, and DHCR Fact Sheet 40.

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Bandil Farms Inc.: DHCR Adm. Rev. Docket No. GM610034RO (3/4/19) [3-pg. doc.]