No Triple Damages Where Landlord Missed One Registration

(Decision submitted by Robert H. Gordon of the Manhattan law firm of Shaw & Binder, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA found no overcharge, but landlord hadn't registered tenant's apartment in 1988. So, the DRA ruled for tenant and froze her rent to the level charged before April 1, 1988. The DRA also ruled that the overcharge was willful and assessed triple damages. Landlord appealed. The DHCR ruled for landlord in part. Landlord's failure to register froze the rent, at least until late filing of the 1988 registration was completed. But this was an oversight---not a willful act. Tenant had lived in the apartment since 1985, and her rent increases were always in accordance with rent guidelines. The triple damages were revoked.

Martinique Plaza Apts. Co.: DHCR Adm. Rev. Dckt. No. FJ 110117-RO (3/3/94) [4-page document]