Landlord Refunded Overcharge Too Late to Avoid Triple Damages

Mineola tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund over $16,500, including triple damages. Landlord appealed and lost. Landlord claimed that there should be no triple damages because he refunded $6,000 to tenant before the DRA decided the complaint. But landlord had increased tenant’s rent by a 1/40^th increase for apartment improvements that weren’t actually installed. The DHCR inspection confirmed this. So landlord knew or should have known that this was the reason the rent would be reduced. And landlord didn’t offer tenant the refund until almost three years after tenant filed her complaint, in response the DRA’s final notice of treble damages.

JPR Zito: DHCR Adm. Rev. Docket No. XL710009RO (2/18/10) [2-pg. doc.]