Triple Damages Applied to Rent Overcharge Based on Disallowed IAIs

September 28, 2017
LVT Number: #27949

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $50,000, including triple damages. Landlord and tenant both appealed and lost. Landlord claimed that the DRA improperly disallowed the cost of qualifying individual apartment improvements (IAIs) from the legal rent calculation, and improperly imposed triple damages. But the DRA added an IAI increase for over $10,000 of work and disallowed another $5,800, finding that those expenses were ordinary maintenance and repair items.

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561 West 144 Realty LLC/Vides: DHCR Adm. Rev. Docket Nos. ET410052RO, ET410087RT (7/12/17) [10-pg. doc.]