Monthly 40-Cent Overcharge Not Willful

Tenant complained of a rent overcharge. The DRA ruled for tenant and reduced his rent, finding that landlord had collected an initial rent overcharge of 40 cents per month and then later mistakenly collected a low rent supplement of $15 per month. The DRA also found that the overcharge was willful and imposed triple damages. Landlord appealed. The DHCR ruled for landlord. Although there was no excuse for the initial overcharge, it amounted to just 40 cents a month. And given landlord's later failure to take certain lawful increases over the rent charged, the illegal $15 supplement charged under Rent Guidelines Board Order No. 18 was deemed nonwillful.

Chen Se Fai: DHCR Adm. Rev. Dckt. No. GA410275RO (6/28/96) [2-page document]