Landlord Reasonably Believed Apartment Was Deregulated

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR sent the case back to the DRA after HSTPA amended rent overcharge provisions in June 2019 to expand overcharge liability. But by the time the DRA issued its notice of reopening, New York's highest court had revoked these provisions for cases filed before June 14, 2019. Landlord claimed that there was no overcharge. The DRA correctly determined that there was. But landlord reasonably believed that the apartment had been deregulated. So the DHCR revoked any triple damages finding. The total overcharge, within interest, was $4,956.

193-20 LLC: DHCR Adm. Rev. Docket No. IS110028RK (10/1/20) [3-pg. doc.]