No Triple Damages for Overcharge Based on Rent Freeze

July 19, 2015

LVT Number: #26284

Rent-stabilized tenant complained of rent overcharge. She moved into the apartment in 2011 at a monthly rent of $1,100, and claimed there was an outstanding rent reduction order. The DRA ruled for tenant and awarded triple damages. Landlord appealed and won in part. Tenant’s rent was properly frozen at $610 based on a rent reduction order that was issued in 1993. But there was no willful overcharge.

Rent-stabilized tenant complained of rent overcharge. She moved into the apartment in 2011 at a monthly rent of $1,100, and claimed there was an outstanding rent reduction order. The DRA ruled for tenant and awarded triple damages. Landlord appealed and won in part. Tenant’s rent was properly frozen at $610 based on a rent reduction order that was issued in 1993. But there was no willful overcharge. Prior landlord had filed an application to restore rent while the overcharge complaint was pending. The total overcharge was $22,660 with interest.

 

 

618 Associates LLC: DHCR Adm. Rev. Docket No. CU410007RO (5/11/15) [4-pg. doc.]

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