Rent Overpayment Between Effective Date and Issuance Date of Rent Reduction Order Not Due to Willful Overcharge

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, finding a total overcharge of $127.91. No triple damages were imposed. And since tenant owed unpaid rent to landlord in the amount of $4,570, no overcharge refund was due. Tenant appealed and lost. Tenant claimed that the DRA's overcharge calculations were incorrect and that triple damages were warranted. Landlord didn't comply with a rent reduction order issued on June 21, 2017, which made the effective date of the order Jan. 10, 2017.  But the total overcharge resulting from that order was $127.91. The DRA correctly declined to impose interest or triple damages on this overcharge since it occurred prior to the issuance date of the rent reduction order. Also, tenant didn't have a lease between April 2019 and February 2022, and the DRA properly barred any rent increase during this period when she was a month-to-month tenant. 

Ross: DHCR Adm. Rev. Docket No. RK410014RT (12/16/22)[4-pg. document]