Majority of Improvements Qualified for Rent Increase

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund, with interest. Tenant appealed, claiming that the overcharge was willful and that he should get triple damages. The DHCR ruled against tenant. The DRA had granted landlord some rent increase for 1/40th improvements. The DRA disallowed some costs for ordinary repairs or maintenance. This was the source of the rent overcharge. But as the majority of work done qualified for an individual apartment improvement rent increase, there was no willful overcharge, and triple damages didn't apply.

Acevedo: DHCR Adm. Rev. Dckt. No. TJ610026RT (1/9/06) [3-pg. doc.]