Tenant Gets Attorney's Fees in DHCR Proceeding

Rent-stabilized tenant complained of a rent overcharge. He had moved into the apartment on May 1, 2007, and paid $1,300 per month under a one-year lease. Tenant pointed out that a December 2004 DHCR rent reduction order had lowered and frozen prior tenant's rent at $403 per month. Also, the apartment hadn't been registered since 2004. The DRA ruled for tenant in part, reducing tenant's rent to $1,111 under the DHCR's default procedure and ordering landlord to refund $5,500, including triple damages. Tenant appealed and won. The legal collectible rent while the rent reduction order remained in effect was $380. Therefore, the total overcharge, including triple damages, was $29,550. Landlord claimed that the overcharge wasn't willful, but never submitted rent history records in response to the complaint. The DHCR also granted tenant's request for attorney's fees in the amount of $13,350 for work done in connection with the overcharge complaint and tenant's PAR.

Krautter: DHCR Adm. Rev. Docket No. YA210051RT (3/5/12) [15-pg. doc.]