Landlord's Incomplete Refund Didn't Bar Triple Damages

April 30, 2011

LVT Number: #23340

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, found the overcharge was willful, and ordered landlord to refund $20,250, including triple damages. Landlord appealed and lost. Landlord claimed that it didn't know that the apartment was rent stabilized and that it issued a refund to tenant, with interest, before the DRA ruled on the case. But landlord's refund wasn't timely, since it was made after the time allowed to answer tenant's complaint.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, found the overcharge was willful, and ordered landlord to refund $20,250, including triple damages. Landlord appealed and lost. Landlord claimed that it didn't know that the apartment was rent stabilized and that it issued a refund to tenant, with interest, before the DRA ruled on the case. But landlord's refund wasn't timely, since it was made after the time allowed to answer tenant's complaint. And even if the lateness could be excused due to ongoing negotiations with tenant, landlord didn't give tenant a full refund. Landlord gave tenant $7,133, while the total overcharge plus interest was $7,526.

Hewlett Associates, LP: DHCR Adm. Rev. Docket No. YI110005RO (3/15/11) [2-pg. doc.]

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