No Triple Damages Since Landlord Refunded Overcharge

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $10,000, including interest. Tenant appealed, claiming that the overcharge was willful and that triple damages were warranted. The DHCR ruled against tenant. Landlord had fully refunded the overcharge amount to tenant while tenant's complaint was pending. So under DHCR policy, no triple damages would be imposed.

Campbell: DHCR Adm. Rev. Dckt. No. GF110247RT (4/22/99) [3-pg. doc.]