Landlord Failed to Send Refund to Tenant

Tenant complained of rent overcharge. The DRA ruled for tenant, finding willful rent overcharge. Landlord appealed and lost. Landlord didn't dispute the DRA's rent calculations. Landlord was responsible for three separate instances of incorrect rent calculations, failed to submit to the DRA a copy of a renewal lease, and improperly deemed another renewal lease. Landlord didn't attempt to comply with DHCR Policy Statement 89-2 by giving tenant a refund with interest. The DHCR found that rent credits issued on a rent ledger weren't the same as giving tenant an actual refund. So landlord failed to rebut the presumption of willful rent overcharge. Landlord must refund $6,000, including triple damages and interest.

Cotaj: DHCR Adm. Rev. Docket No. CS610015RO (1/28/15) [6-pg. doc.]