Triple Damages Revoked

LVT Number: 9309

Tenant complained of a rent overcharge. Landlord claimed it was entitled to a 1/40th rent hike for the cost of renovating the apartment while it was vacant. Also, tenant agreed that landlord had made some of the improvements. But the DRA found an overcharge and imposed triple damages because landlord didn't substantiate the renovation costs. Landlord appealed, arguing that the renovations justified the rent increase, and that the overcharge wasn't willful. The DHCR ruled for landlord, in part.

Tenant complained of a rent overcharge. Landlord claimed it was entitled to a 1/40th rent hike for the cost of renovating the apartment while it was vacant. Also, tenant agreed that landlord had made some of the improvements. But the DRA found an overcharge and imposed triple damages because landlord didn't substantiate the renovation costs. Landlord appealed, arguing that the renovations justified the rent increase, and that the overcharge wasn't willful. The DHCR ruled for landlord, in part. It revoked the triple-damage award because tenant agreed that landlord had made some improvements.

355 East 72 St., Apt. 2G: DHCR Adm. Rev. Dckt. No. GC 410146-RO (9/30/94) [4-page document]

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