Landlord Collected Renewal Increase Without Executed Renewal Lease

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,228, including triple damages. Landlord appealed and lost. Landlord claimed that there was no willful rent overcharge. But the law creates a presumption of willfulness absent proof to the contrary by landlord. Landlord charged tenant a renewal lease increase starting Sept. 1, 2014, although landlord didn't actually renew the lease until Dec. 1, 2014. So triple damages were properly imposed for the rent overcharge period.

740 Myrtle Avenue, LLC: DHCR Adm. Rev. Docket No. FV210035RO (6/7/18) [5-pg. doc.]