No Triple Damages for Collection of IAI Increase

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and ordered landlord to refund $4,900 plus triple damages. Landlord appealed and won, in part. Landlord performed individual apartment improvements (IAIs) in tenant's apartment and tenant orally agreed to pay a rent increase of $150 per month. But landlord didn't obtain tenant's written consent before making the improvements. Therefore, landlord wasn't entitled to collect the IAI rent increase. But the DHCR revoked the triple damages, finding no willful overcharge.

Ilic: DHCR Adm. Rev. Docket No. BO110038RO (7/2/14) [3-pg. doc.]