No Triple Damages for Second Vacancy Increase Improperly Added

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $44,476, including triple damages. Landlord appealed and won, in part. The DRA had found that tenant moved into the apartment on Sept. 12, 2009, the prior tenant had lived in the apartment 21 years, and landlord spent $6,100 on individual apartment improvements before tenant moved in. Landlord pointed out that another prior tenant lived in the apartment for one and a half months from July 1, 2009, to Aug. 15, 2009. Although the DRA properly disallowed a vacancy increase for that tenancy given its short duration, there appeared to be no intentional scheme to deceive by collecting a vacancy increase for the short-term prior tenancy. So, the DHCR revoked any triple damages previously added for willful rent overcharge. The total due to tenant was $21,770, including interest.

Jo-Lyn Management Corp.: DHCR Adm. Rev. Docket No. EP610022RO (10/18/16) [3-pg. doc.]