No Triple Damages Applied More Than Two Years Before Overcharge Complaint Filed

Rent-stabilized tenant complained of rent overcharge. Tenant had lived in the apartment since 1977. In 2012, the DHCR granted tenant a rent reduction and made it retroactive to 2010. Tenant claimed that landlord never gave him the rent reduction but continued to collect his full rent. The DRA ruled for tenant and ordered landlord to refund $1,080, including triple damages. Tenant appealed and lost. He claimed that additional triple damages should have been added to the determined overcharge. But, under Rent Stabilization Code Section 2526.1(a)(2)(i), triple damages can't be imposed on an overcharge occurring more than two years before the filing of an overcharge complaint. Here, tenant filed his complaint on Sept. 12, 2013. So no triple damages could apply to overcharges collected before Sept. 12, 2011. In addition, the DRA had initially denied tenant's complaint of a reduction in services. Landlord had no reason to know of any overcharge until the DHCR granted tenant's PAR and ordered a retroactive rent reduction.

Jackson: DHCR Adm. Rev. Docket No. ES210053RT (3/1/17) [4-pg. doc.]