Landlord's Miscalculation of Rent Guidelines Increase Wasn't Excusable Error

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,800, including triple damages and interest. Landlord appealed and lost. Landlord argued that the overcharge wasn't willful because it accidently applied the prior year's applicable rent guidelines increase in 2009, and carried that error forward in subsequent lease renewals. But the DHCR ruled that the failure of landlord to apply the proper rent guidelines wasn't a hyper-technical error and it was landlord's duty to properly apply rent guidelines increases.

Kerem Realty LLC: DHCR Adm. Rev. Docket No. ES210061RO (3/3/17) [3-pg. doc.]