No Triple Damages Where Landlord Refunded Overcharge

Tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages for willful overcharge. Landlord appealed, claiming that there was no willful overcharge since landlord had refunded the overcharge plus interest to tenant before the DRA issued its order. The DHCR ruled for landlord. In response to tenant's complaint, landlord asked for several extensions to answer. During this time, landlord sued prior landlord for rent history records needed to respond to tenant's complaint. The court ordered prior landlord to turn over those records by Sept. 27, 2007, but prior landlord never did so. In the meantime, before the last extension period granted to landlord had expired, landlord sent tenant a check for the overcharge plus interest. Since landlord made diligent efforts to obtain base date rent history records, and promptly adjusted tenant's rent using calculations from the DHCR's triple damages notice, no triple damages were warranted in this case.

Pinnacle Dunbar Manor, LLC: DHCR Adm. Rev. Docket No. WE410081RO (7/31/08) [3-pg. doc.]