No Overcharge in Connection with Tenant's Prepayment of Rent

LVT Number: #26433

Tenant filed a specific rent overcharge complaint, claiming that landlord had collected five months’ rent in advance. The DRA ruled against tenant after tenant didn’t dispute landlord’s claim that tenant proposed the advance payments and that the payments had been used toward monthly rent payments for four months’ rent. Tenant appealed and lost. Tenant claimed that landlord forced him to pay the rent in advance. But tenant didn’t raise this claim before the DRA.

Tenant filed a specific rent overcharge complaint, claiming that landlord had collected five months’ rent in advance. The DRA ruled against tenant after tenant didn’t dispute landlord’s claim that tenant proposed the advance payments and that the payments had been used toward monthly rent payments for four months’ rent. Tenant appealed and lost. Tenant claimed that landlord forced him to pay the rent in advance. But tenant didn’t raise this claim before the DRA. And the advance payment had been applied to monthly rent owed by the time tenant filed his complaint.

 

 

Amon Jr.: DHCR Adm. Rev. Docket No. DM410014RT (6/11/15) [3-pg. doc.]

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