DRA Incorrectly Applied HSTPA Retroactively to Overcharge Claim

Tenant complained of rent overcharge in 2013. The DRA ruled for tenant in early 2020 and ordered landlord to refund $52,876, including treble damages. The DRA then deducted a $16,442 refund already made to tenant. Landlord appealed and won, in part. The DRA had applied the HSTPA's six-year base date and added triple damages to the entire overcharge finding. But the DRA's retroactive application of HSTPA rent overcharge provisions couldn't be applied per the 2020 court ruling in Regina Metropolitan v. DHCR. Triple damages also were limited under prior law to begin two years before the complaint was filed. But triple damages applied in this case under prior law because landlord didn't refund the overcharge within the time allotted to answer tenant's complaint and didn't equal the entire overcharge to be refunded. The total overcharge was reduced to $37,750.

Zanti Realty, LLC: DHCR Adm. Rev. Docket No. IS210014RO (11/3/20) [3-pg. doc.]