No Proof Overcharge Wasn't Willful

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,065, including triple damages. Landlord appealed and lost. Landlord argued that the overcharge wasn't willful. HSTPA amendments to the RSL's rent overcharge provisions didn't apply in this case. But landlord didn't meet any of the exceptions found in DHCR Policy Statement 89-2 to avoid a finding of willful rent overcharge. The building wasn't purchased out of bankruptcy. Landlord didn't adjust the rent on its own within the time to file an initial response to tenant's complaint and tender a full refund plus interest during that time. And the overcharge here wasn't caused by a hypertechnical computation error that landlord wasn't aware of. 

Mickayen Realty Group, LLC: DHCR Adm. Rev. Docket No. IS210055RK (10/28/20) [3-pg. doc.]