Tenant Only Complained About Improvements Increase

LVT Number: 11383

Tenant complained of a rent overcharge. Tenant specifically complained only that landlord had charged her $24 for a new stove and refrigerator. Landlord claimed this rent increase was proper. Based on the complete rent history, the DRA ruled for tenant and ordered landlord to refund $28,000 in rent overcharges. Landlord appealed, claiming that tenant only complained about the appliance charge. The DHCR ruled for landlord. Since tenant filed a specific rent overcharge complaint, DHCR was limited to deciding only those issues raised in the complaint.

Tenant complained of a rent overcharge. Tenant specifically complained only that landlord had charged her $24 for a new stove and refrigerator. Landlord claimed this rent increase was proper. Based on the complete rent history, the DRA ruled for tenant and ordered landlord to refund $28,000 in rent overcharges. Landlord appealed, claiming that tenant only complained about the appliance charge. The DHCR ruled for landlord. Since tenant filed a specific rent overcharge complaint, DHCR was limited to deciding only those issues raised in the complaint. There was still an overcharge of $2,300, since landlord couldn't get the rent increase for the appliances and this overcharge was willful.

608-610 Realty Group: DHCR Adm. Rev. Dckt. No. HC510092RO (12/13/96) [4-page document]

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