Overcharge Caused by Rent Reduction Order Deemed Willful

September 23, 2015

LVT Number: #26509

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $48,000, including triple damages. Landlord appealed and won, in part. The DRA used an incorrect base date and failed to consider a prior overcharge ruling when setting the base date rent. But tenant’s rent was properly frozen based on an outstanding rent reduction order.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $48,000, including triple damages. Landlord appealed and won, in part. The DRA used an incorrect base date and failed to consider a prior overcharge ruling when setting the base date rent. But tenant’s rent was properly frozen based on an outstanding rent reduction order. And the DRA correctly applied triple damages for willful overcharge. The total refund was reduced to $28,762.

 

 

BRG 3531 LLC: DHCR Adm. Rev. Docket No. DM110013RO (7/8/15) [6-pg. doc.]

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