No Triple Damages for Overcharge Resulting from Old Rent Reduction Order

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. There was an outstanding rent reduction order dated Dec. 21, 1990, that was still in effect on the base rent date of July 13, 2005. So tenant's rent was properly reduced and frozen at the level in effect before the rent reduction order. The overcharge collected after the base rent date totaled $24,000 plus triple damages. Landlord appealed and won in part. The DHCR revoked the triple damages imposed by the DRA. Landlord didn't own the building when the rent reduction order was issued and landlord had refunded a significant portion of the overcharge within its initial time to answer the complaint. Tenant's complaint also had been filed before New York's highest court ruled in the Cintron case that rent reduction orders predating a four-year base date resulted in a rent freeze. 

123-125 Wadsworth Ave Realty: DHCR Adm. Rev. Docket No. BN410034RO (9/5/14) [3-pg. doc.]