Landlord Collected Two Vacancy Increases During One Calendar Year

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the total overcharge, including triple damages, was $10,397. Since landlord had refunded more than that amount to tenant, no further refund was required. Landlord appealed and lost. Landlord objected to the imposition of triple damages. But the DHCR noted that the overcharge was caused by landlord's collection of two vacancy increases in calendar year 2015, one from tenant in August and one from prior tenant in February. Tenant's rent also remained frozen at a lower rate because two rent reduction orders had been issued in connection with tenant's apartment and the rent was restored only for one of those orders. Landlord argued that its errors were hypertechnical because it misunderstood the law concerning how many vacancy increases it could collect in one year, and improperly calculated the longevity bonus. The DHCR found that landlord's errors weren't hypertechnical and landlord refunded only $1,800 to tenant while the complaint was pending. No refund was due to tenant upon the DRA's ruling only because tenant had withheld rent payments.

Francis Apartments LLC: DHCR Adm. Rev. Docket No. GO110024RO (2/1/19) [5-pg. doc.]