No Triple Damages Where Overcharge Refunded Before DRA Ruling

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered a refund of $2,000 with interest. Tenant appealed and lost. Tenant claimed that the overcharge was willful, so she was entitled to triple damages. The DHCR said landlord admitted an error in calculating tenant's vacancy lease increase. Landlord corrected this error and refunded the overcharge to tenant within the time to respond to the DHCR's notice of tenant's complaint. The DRA reasonably had denied triple damages under DHCR Policy Statement 89-2.

Petteway: DHCR Adm. Rev. Docket No. TL910029RT 7/5/06 [2-pg. doc.]