Landlord Didn't Refund Overcharge Amount in Time to Avoid Triple Damages

Rent-stabilized tenant complained of a rent overcharge. Landlord claimed that the apartment had previously been exempt from rent stabilization and that it could collect a first rent from tenant. The DRA ruled for tenant, but didn't find that the overcharge was willful. Tenant appealed, claiming that the DRA should impose triple damages. The DHCR ruled for tenant. There was no proof that the overcharge wasn't willful. The DRA had advised landlord that if there was an overcharge, it should refund the amount to tenant during the time given to answer tenant's complaint. Landlord was given until Feb. 12, 1998, to answer tenant's complaint. But landlord didn't send any refund to tenant until Oct. 22, 1998. This was clearly after the time given to landlord to answer.

Diaz: DHCR Adm. Rev. Dckt. No. NB410108RT (2/2/00) [4-pg. doc.]