No Triple Damages Since Landlord Tried to Refund Overcharge

Tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages after finding that the overcharge was willful. Landlord appealed, claiming it had made a good-faith effort to refund rent overcharges while tenant's complaint was pending. Tenant answered landlord's PAR, stating that he'd returned landlord's refund check because it didn't include triple damages. The DHCR ruled for landlord, revoking that part of the DRA's order which imposed triple damages on the amount of overcharge refund still due to tenant.

St. Mark's Assocs.: DHCR Adm. Rev. Dckt. No. EK410111RO (3/6/96) [4-page document]