Landlord Refunded Overcharge Amount
LVT Number: 14446
(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant, but didn't impose triple damages for a willful overcharge. Tenant appealed and lost. Landlord had refunded the overcharge with interest and excess security deposit within the time given to answer tenant's complaint. So, under DHCR Policy Statement 89-2, triple damages wouldn't be applied.
Faerman: DHCR Adm. Rev. Dckt. NO. MF410010RT (9/21/00) [2-pg. doc.]
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