Tenant Doesn't Get Attorney's Fees Where No Willful Overcharge

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered refund of $30,278, including interest. Tenant appealed and lost. Among other things, tenant demanded attorney’s fees. The DHCR ruled against tenant. The DRO had discretion under Rent Stabilization Law Section 26-516(a)(4) and Rent Stabilization Code Section 2526.1(d) to award a tenant costs and attorney’s fees. But, in this case, there was no willful rent overcharge because landlord issued a refund check for the full amount of the overcharge plus interest within its time to answer the complaint. Plus, tenant didn’t ask for attorney’s fees or present evidence concerning the computation of attorney’s fees before the DRO.

Aidekman: DHCR Adm. Rev. Docket No. DU410065RT (3/1/16) [6-pg. doc.]