Landlord Refunded Overcharge in Time to Avoid Triple Damages

August 31, 2010

LVT Number: #22875

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund a total sum that included triple damages for willful rent overcharge. Landlord appealed and won. Landlord sent tenant two checks totalling $3,715 in response to tenant's overcharge complaint. Tenant refused to accept the checks. Under DHCR Policy Statement 89-2, an overcharge will be deemed not willful if landlord makes a prompt refund after receiving notice of tenant's complaint to the DHCR. Since landlord attempted the refund, triple damages were revoked.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund a total sum that included triple damages for willful rent overcharge. Landlord appealed and won. Landlord sent tenant two checks totalling $3,715 in response to tenant's overcharge complaint. Tenant refused to accept the checks. Under DHCR Policy Statement 89-2, an overcharge will be deemed not willful if landlord makes a prompt refund after receiving notice of tenant's complaint to the DHCR. Since landlord attempted the refund, triple damages were revoked.

242 West 103rd Associates: DHCR Adm. Rev. Docket No. XH410053RO (7/2/10) [4-pg. doc.]

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