No Triple Damages Where Landlord Refunded Overcharge in Response to Complaint

Tenant complained to the DHCR in 2017 of rent overcharge and unlawful apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $24,962, including triple damages. Landlord appealed, claiming that the DRA miscalculated how much rent tenant paid and that triple damages should not apply. The DHCR ruled for landlord in part. Landlord was correct that there was some underpayment of rent and therefore the total overcharge was $11,332. Landlord also refunded to tenant excess rent collected, thereby rebutting the presumption of willful rent overcharge under the law in effect at the time tenant's complaint was filed. So the total amount due to tenant was $6,968.

68 Montague Street, LLC: DHCR Adm. Rev. Docket No. LT210004RK (10/24/23)[2-pg. document]