Rent Increase for Repair Items Was Willful Overcharge

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant but found that the overcharge wasn't willful. Tenant appealed and won. Tenant claimed that landlord intentionally increased her rent for ordinary repairs and maintenance. Landlord had initially claimed that the rent increase was based on individual apartment improvements, but later admitted that a portion of the work done in tenant's apartment was repair and maintenance work. Landlord argued that it had reduced tenant's rent and sent her a check for the total overcharge plus interest. But landlord didn't do this until it received the DRA's final notice of pending imposition of triple damages, one and one half years after receiving notice of tenant's overcharge complaint. The total overcharge with triple damages was $9,000, offset by $3,000 already refunded to tenant.

Peralta: DHCR Adm. Rev. Docket No. ZH410074RT (4/4/12) [4-pg. doc.]