Landlord Sent Refund in Response to DHCR Complaint

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding willful overcharge, and ordered landlord to refund $34,400, including $16,300 in triple damages. Landlord appealed, claiming that there was no willful overcharge because landlord refunded the overcharge after receiving notice from the DHCR of tenant's complaint. The DHCR agreed. Landlord issued a refund check tenant within the time allotted to answer tenant's overcharge complaint and reduced tenant's monthly rent at the same time. The triple damages were revoked.

Mautner-Glick Corp.: DHCR Adm. Rev. Docket No. FN410052RO (9/5/17) [2-pg. doc.]