Landlord Didn't Include Interest with Overcharge Refund

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,500, including triple damages and interest. Although landlord had refunded a portion of that amount before its order was issued, the DHCR assessed triple damages because landlord didn’t include interest with the refund. Landlord appealed and lost. DHCR Policy Statement 89-2 provides for assessment of triple damages if landlord didn’t adjust tenant’s rent, with interest, during the time afforded to respond. In this case, landlord didn’t attempt to pay the interest owed on the overcharge until after the DRA ruled on the complaint. 

100 Forsyth LLC: DHCR Adm. Rev. Docket No. EO410038RO (8/23/16) [3-pg. doc.]