Landlord Knew About Rent Reduction Order and Willfully Overcharged Tenant

LVT Number: #31666

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $3,700, including triple damages. Landlord appealed and lost. Landlord claimed that there was no willful rent overcharge and therefore triple damages shouldn't apply. But the overcharge finding was based on landlord's failure to comply with a rent reduction order that reduced and froze tenant's rent until such time as services and the rent were restored by DHCR order.

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and ordered landlord to refund $3,700, including triple damages. Landlord appealed and lost. Landlord claimed that there was no willful rent overcharge and therefore triple damages shouldn't apply. But the overcharge finding was based on landlord's failure to comply with a rent reduction order that reduced and froze tenant's rent until such time as services and the rent were restored by DHCR order. Since landlord knew about the rent reduction order and failed to comply with the rent freeze, the overcharge was willful and triple damages were properly imposed.

SQ Sons Realty LLC: DHCR Adm. Rev. Docket No. JO210029RO (8/9/21)[4-pg. document]

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