Triple Damages Imposed Against New Landlord

LVT Number: 9000

Tenant complained of a rent overcharge. Tenant claimed that landlord had collected a rent increase for new storm windows that were installed without her consent. The DRA ruled for landlord, and tenant appealed. Tenant wins. A tenant's written consent is required before landlord can get a rent increase based on improvements in an occupied apartment. And, even though the building had changed ownership by the time the appeal was heard, new landlord is still liable for the overcharge, along with triple damages.

Tenant complained of a rent overcharge. Tenant claimed that landlord had collected a rent increase for new storm windows that were installed without her consent. The DRA ruled for landlord, and tenant appealed. Tenant wins. A tenant's written consent is required before landlord can get a rent increase based on improvements in an occupied apartment. And, even though the building had changed ownership by the time the appeal was heard, new landlord is still liable for the overcharge, along with triple damages. Tenant had already filed her complaint when new landlord bought the building---so, new landlord knew about the rent dispute. Plus, new landlord didn't investigate the complaint and adjust the rent.

Waithe: DHCR Adm. Rev. Dckt. No. CG 110087-RT (4/22/94) [3-page document]

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