Landlord Filed Registration with False Information

Tenant complained of a rent overcharge. The DRA ruled for tenant, and tenant appealed. Tenant claimed that triple damages should be imposed for a willful overcharge because landlord submitted false information on his rent registration forms. The DHCR ruled for tenant. Landlord falsely registered the status and rent of both tenant and prior tenant, claiming the apartment was exempt from regulation based on professional use. Also, landlord never refunded any overcharge, even after reducing tenant's rent. These facts indicated that the overcharge was willful. The DHCR imposed triple damages on the portion of the overcharge occurring within two years before the complaint was filed.

Abrams/Olson: DHCR Adm. Rev. Dckt. Nos. MA410016RO and MA410118RT (1/20/00) [5-pg. doc.]