No Triple Damages for Overcharge Finding Based on Rent Reduction Orders

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found there was a $26,640 overcharge, with triple damages. Since landlord already had refunded over $13,000, it must refund the remaining balance. The overcharge resulted from two outstanding rent reduction orders issued prior to the base rent date. Landlord appealed and won. Landlord claimed that triple damages shouldn't apply. The DHCR agreed. Landlord refunded the rent overcharge to tenant in response to the overcharge complaint, and also obtained rent restoration orders effective December 2013 and April 2016. With interest, the remaining overcharge balance due to tenant was $3,200.

Woodruff Avenue 80, LP: DHCR Adm. Rev. Docket No. ES210051RO (3/3/17) [2-pg. doc.]