No Triple Damages if Rent Credit Given for Overcharge

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,000, including triple damages. Landlord appealed, pointing out that it had issued a full rent credit to tenant, including interest, before the DRA completed processing of the case and issued an order. The DHCR ruled for landlord. Landlord gave tenant a full rent credit before the DRA issued its order. Landlord acted in good faith in issuing the rent credit, and triple damages weren't warranted. Landlord in fact credited tenant with an amount greater than the amount of the overcharge.

Pinnacle Midwood, LLC: DHCR Adm. Rev. Dckt. No. TG210037RO (9/20/05) [2-pg. doc.]