No Triple Damages Where Landlord Didn't Prove Service of Registration

(Decision submitted by Martin J. Helstein of the Manhattan law firm of Belkin Burden Wenig & Goldman, attorneys for the landlord.) Tenant complained of a rent overcharge, claiming he never received a copy of the initial apartment registration form (RR-1) from landlord. Landlord argued that---except for this one RR-1---he'd filed all paperwork properly, and hadn't overcharged tenant. Since landlord didn't prove it sent tenant the RR-1, the DRA froze the rent as of April 1, 1984. As a result of the rent freeze, the DRA found a total overcharge of $23,000, including triple damages. Landlord appealed. The DHCR ruled for landlord in part, revoking the triple damages. Landlord only forgot to serve one form---he'd met all the other requirements. And, since all the rent increases had been within the rent guidelines, landlord hadn't benefitted by the mistake. So, landlord's conduct couldn't be considered willful.

Ossa Properties, Inc.: DHCR Adm. Rev. Dckt. No. HA 110016-RO (5/27/94) [3-page document]