No Triple Damages for Overcharge Resulting from Rent Reduction Order

LVT Number: #32911

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found no refund was owed. The overcharge wasn't willful, and landlord had refunded more than the overcharge amount plus interest. The collectible rent also remained frozen at $1,224 per month based on a prior DHCR rent reduction order until the DHCR issued a rent restoration order. Tenant appealed and lost. She claimed that her bathroom ceiling was still leaking and that landlord had taken her to court for rent arrears.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found no refund was owed. The overcharge wasn't willful, and landlord had refunded more than the overcharge amount plus interest. The collectible rent also remained frozen at $1,224 per month based on a prior DHCR rent reduction order until the DHCR issued a rent restoration order. Tenant appealed and lost. She claimed that her bathroom ceiling was still leaking and that landlord had taken her to court for rent arrears. Service issues and claimed rent arrears weren't at issue in this rent overcharge proceeding.

Gonzalez: DHCR Adm. Rev. Docket No. LS210009RT (9/21/23)[2-pg. document]

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