No Triple Damages Where Overcharge Refunded Before DHCR Ruling

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,900, including triple damages. Landlord appealed, claiming that there was no willful overcharge. The DHCR ruled for landlord and revoked the triple damages. Landlord had given tenant rent credits totalling $5,400 while tenant's complaint was pending. The refund credits more than covered the overcharge plus interest. Landlord also reduced tenant's rent and corrected tenant's renewal lease more than seven months before the DRA ruled on tenant's complaint. Therefore, triple damages weren't warranted. (For PDF of the DHCR decision, click here.)

7 of 8 Realty Co., LLC: DHCR Adm. Rev. Docket No. BR410019RO (8/12/14) [3-pg. doc.]