Garage Rent Overcharge Not Willful

Rent-stabilized tenant complained of a rent overcharge in connection with her garage space. The DRA ruled for tenant and ordered landlord to refund $708, including interest. Tenant appealed, claiming that the overcharge was willful and that landlord should pay triple damages. The DHCR ruled against tenant. Landlord had incorrectly applied the minimum increase for low-rent tenants under Rent Guidelines Board Order No. 40 to tenant's garage rent. Given the confusion surrounding this guidelines increase provision, which was the subject of a court challenge, the DRA properly found that the overcharge wasn't willful.

Short: DHCR Adm. Rev. Docket No. YH110008RT (12/21/11) [2-pg. doc.]