No Triple Damages Where Landlord Made Full Refund

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found a total overcharge of $5,600, including interest. Tenant appealed, claiming that the DRA should have assessed triple damages for willful overcharge. The DHCR ruled against tenant. Before the DRA ruled on tenant's complaint, landlord refunded $6,100 to tenant. This was more than the total rent overcharge with interest. Under DHCR Policy Statement 89-2, where a landlord adjusts tenant's rent and makes a refund plus interest within the time to answer a rent overcharge complaint, the DHCR will not assess triple damages.

Quant: DHCR Adm. Rev. Docket No. CR110017RT (1/23/15) [2-pg. doc.]