Rent Credit Doesn't Avoid Triple Damages
LVT Number: #23621
Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund overcharges with triple damages. Landlord appealed and lost. Landlord pointed out that it had given tenant a rent credit for $3,157 six months before the DRA ruled on tenant's complaint. But nonwillfulness can be found only if landlord refunds the full amount of an overcharge, with interest, during the time allowed to answer the complaint. A rent credit didn't qualify to avoid triple damages.
29 Arden Street LLC: DHCR Adm. Rev. Docket No. ZA410060RO (7/14/11) [2-pg. doc.]
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