Triple Damages Revoked

December 1, 1994

LVT Number: 9339

White Plains tenant complained of a rent overcharge. Tenant supplemented her complaint by claiming that landlord refused to offer her a two-year vacancy lease. The DRA found that landlord had collected an overcharge and had improperly refused to offer tenant a two-year vacancy lease. It also imposed triple damages. Landlord appealed, arguing that tenant had complained about an overcharge---not about the lease term. The DHCR agreed with landlord, and revoked the triple damage award.

White Plains tenant complained of a rent overcharge. Tenant supplemented her complaint by claiming that landlord refused to offer her a two-year vacancy lease. The DRA found that landlord had collected an overcharge and had improperly refused to offer tenant a two-year vacancy lease. It also imposed triple damages. Landlord appealed, arguing that tenant had complained about an overcharge---not about the lease term. The DHCR agreed with landlord, and revoked the triple damage award. Landlord had no chance to respond to the lease term issue, since tenant's complaint didn't contain that allegation.

Broadlake Company: DHCR Adm. Rev. Dckt. No. FH 910134-RO (10/7/94) [4-page document]

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