Tenant Didn't Prove Connection Between Broker and Landlord

LVT Number: 17448

Tenant complained of a rent overcharge. The DRA ruled for tenant and found a small overcharge of less than $100. Tenant appealed, claiming that she was forced to pay an illegal broker's fee when she rented the apartment. The DHCR ruled against tenant. Landlord submitted a copy of tenant's lease application, which was filed with CitiHabitats, an independent real estate broker. There was no proof that the broker's fee was paid to an individual or real estate broker employed by landlord in connection with the operation and management of the building.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found a small overcharge of less than $100. Tenant appealed, claiming that she was forced to pay an illegal broker's fee when she rented the apartment. The DHCR ruled against tenant. Landlord submitted a copy of tenant's lease application, which was filed with CitiHabitats, an independent real estate broker. There was no proof that the broker's fee was paid to an individual or real estate broker employed by landlord in connection with the operation and management of the building.

Buttone: DHCR Adm. Rev. Dckt. No. RK410062RT (3/18/04) [2-pg. doc.]

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