DOVER – Delaware Attorney General Matt Denn announced Tuesday more than 700 tenants will receive a combined $75,000 in restitution as a result of a two Dover apartment complexes advertising an amenity unavailable for tenants to use.
The restitution is part of an agreement the Division of Fraud and Consumer Protection entered into with Dover Investors L.P. and Trinity Property Group, LLC, the owner and operators of Alder Park and Pine Grove Apartments in Dover, earlier this year. This agreement resolves allegations these businesses falsely advertised a swimming pool as an amenity available for tenants to use when in fact the pool was not operational for an extended period of time.
Besides the payment of restitution, which is in the form of either cash or credits against the tenant’s account if a balance was owed, the agreement requires these companies to pay $25,000 in civil penalties and $8,000 in attorney’s fees and investigative costs. The companies were also ordered to cease and desist advertising the availability of amenities unless they are available for their tenants to use. The civil penalties are suspended provided the businesses do not violate the terms of the agreement.
“Businesses need to carefully ensure their advertisements reflect the actual goods and services they provide,” Attorney General Denn said. “We will continue to work to make sure Delawareans are protected against false advertising.”
Tenants of Alder Park and Pine Grove who entered into their rental agreement on or after August 24, 2011 but before February 16, 2014 or renewed their rental agreement during this time period are eligible for restitution. Restitution will be provided as a credit against a tenant’s outstanding balance as of October 30, 2014, or as cash if the tenant did not have any outstanding balance at that time. Checks to those eligible are being mailed this week.