Refund Offered Before Landlord Answered Tenant's Court Complaint

(Decision submitted by Joshua C. Price of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant sued landlord in court for a rent overcharge. Tenant claimed the overcharge was willful and sought triple damages. Landlord refunded the overcharge with interest to tenant after the complaint was filed and before submitting an answer. So, landlord argued, there should be no triple damages. The court ruled for landlord. Under DHCR Policy Statement 89-2, if a landlord refunds an overcharge before the time given to answer a rent overcharge complaint before the agency, no triple damages will be assessed. The same rule applies in court.

Ulis v. 124 W. 25th St. Realty: Index No. 8269CVN99 (Civ. Ct. NY 5/26/00; Kornreich, J) [4-pg. doc.]