Tenant Gets Fees for Fraud Hearing in Overcharge Case

March 1, 1995

LVT Number: 9496

The DHCR reopened tenant's overcharge case and, after a special hearing, found that landlord had submitted fraudulent documents to prove it was entitled to a rent hike for improvements. Tenant asked the DHCR for attorney's fees for her representation at the hearing. The DHCR ruled for tenant. Tenant can get attorney's fees because landlord's illegal conduct had caused her to spend money to protect her interests. Also, landlord's intentional misrepresentation of several documents had greatly lengthened the entire proceeding.

The DHCR reopened tenant's overcharge case and, after a special hearing, found that landlord had submitted fraudulent documents to prove it was entitled to a rent hike for improvements. Tenant asked the DHCR for attorney's fees for her representation at the hearing. The DHCR ruled for tenant. Tenant can get attorney's fees because landlord's illegal conduct had caused her to spend money to protect her interests. Also, landlord's intentional misrepresentation of several documents had greatly lengthened the entire proceeding.

Farran, et al: DHCR Adm. Rev. Dckt. Nos. IK 210001-RP, et al. (12/19/94) [8-page document]

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