No Willful Overcharge Based on Old Rent Reduction Order

Nassau County rent-stabilized tenant complained in 2008 of a rent overcharge. The DRA ruled for tenant and froze his 2004 rent based on a 1990 building-wide rent reduction order based on failure to maintain extermination services. The DRA also imposed triple damages for willful rent overcharge. Landlord appealed, claiming that it didn’t own the building at the time of the rent reduction order and didn’t know about the order, and that tenant moved into the apartment five years after the order was issued. Landlord also pointed out that it provided extermination services since it bought the building in 2004. The DHCR ruled for landlord in part. Landlord wasn’t excused from the rent freeze imposed by the rent reduction order. But landlord showed that there was no willful overcharge, so the DHCR revoked the triple damages.

Dorchester LLC: DHCR Adm. Rev. Docket No. WJ710026RO (7/3/09) [5-pg. doc.]