Landlord Didn't Reduce Rent to Comply with Prior DHCR Order

Facts: Tenant complained of a rent overcharge. In 1986 the DRA ruled for tenant. The DRA found that landlord had willfully overcharged tenant, directed landlord to reduce tenant's rent, and ordered a refund, including triple damages. Landlord appealed. The DHCR sent the case back to the DRA for further processing. In 1990 the DRA ruled that there was a willful overcharge and ordered a refund, including triple damages, of over $74,000 for overcharges collected through that date. Landlord appealed again, claiming that there was no willful overcharge. DHCR: Landlord loses. Triple damages were ordered for overcharges collected after the DRA's first order was issued in 1986. Landlord continued to demand and collect from tenant the amount of rent collected before the DRA reduced it. Even though landlord's PAR delayed its obligation to refund money owed to tenant, the order clearly stated that tenant was entitled to pay a reduced rent while the PAR was pending. Landlord could have asked the DHCR to waive this portion of the order if landlord thought it would ultimately win the case.

[1731 Second Avenue Apt. 5FS: DHCR Adm. Rev. Dckt. No. EK 410222-RO (11/5/92)]. 6-page document.