No Triple Damages

August 31, 2001

LVT Number: 15251

Tenant complained of a rent overcharge. The DRA ruled for tenant. Tenant appealed, claiming that the overcharge was willful and that she should have gotten triple damages. The DHCR ruled against tenant. Landlord showed that there was no willful overcharge. Prior landlord had maintained poor bookkeeping records. In response to tenant's complaint, landlord reduced tenant's rent and further reduced tenant's rent in response to a prior service reduction order. Landlord also offered tenant a proper renewal lease at the reduced rent level.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Tenant appealed, claiming that the overcharge was willful and that she should have gotten triple damages. The DHCR ruled against tenant. Landlord showed that there was no willful overcharge. Prior landlord had maintained poor bookkeeping records. In response to tenant's complaint, landlord reduced tenant's rent and further reduced tenant's rent in response to a prior service reduction order. Landlord also offered tenant a proper renewal lease at the reduced rent level.

Duffy: DHCR Adm. Rev. Dckt. No. NH410110RT (7/6/01) [7-pg. doc.]

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