Landlord Refunded Most of Overcharge Before Rent Administrator Ruled on Complaint

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,776, including triple damages. Landlord appealed and won, claiming that there was no willful overcharge. The DHCR agreed. After receiving the DRA's Final Notice of of triple damages, landlord notified the DRA that it had sent tenant a refund check in the amount of $2,834 for overcharges plus interest. So, while the refund was slightly less than the total overcharge with interest, landlord showed that it made a good faith attempt to calculate the overcharge and interest and had issued the refund a month before the DRA issued its order.  The total amount still due to tenant was $516.

East 148th Street Properties LLC: DHCR Adm. Rev. Docket No. FP610008RO (11/3/17) [3-pg. doc.]