Landlord Must Pay Triple Damages on Rent Overcharge

October 31, 2011

LVT Number: #23715

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,000, including triple damages. Landlord appealed and lost. Landlord claimed that it had refunded the overcharge to tenant while the complaint was pending, so that, under DHCR Policy Statement 89-2, no triple damages should be imposed. But that rule didn't apply in this case. The proper refund amount couldn't be determined because landlord didn't submit full rent history documents. The overcharge amount in this case was based on the DHCR's default calculation method.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $26,000, including triple damages. Landlord appealed and lost. Landlord claimed that it had refunded the overcharge to tenant while the complaint was pending, so that, under DHCR Policy Statement 89-2, no triple damages should be imposed. But that rule didn't apply in this case. The proper refund amount couldn't be determined because landlord didn't submit full rent history documents. The overcharge amount in this case was based on the DHCR's default calculation method.

Eastchester Heights/Grenadier Realty Corp.: DHCR Adm. Rev. Docket No. YK610016RO (9/15/11) [3-pg. doc.]

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