Tenant's Delays and Errors in Rent Payments Didn't Excuse Willful Rent Overcharge

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,110, including triple damages and interest. Landlord appealed and lost. Landlord argued that there should be no triple damages due to mitigating factors. Tenant paid rent sporadically and made underpayments, tenant made errors and lengthy delays in filing for SCRIE benefits, and tenant didn't report rent increases from lease renewals and MCI rent increases to the SCRIE program. But landlord didn't rebut the presumption of willfulness in response to a final notice concerning imposition of triple damages sent by the DRA. And a rent credit landlord claimed it gave tenant didn't offset the overcharge confirmed by the DRA's calculations and was belatedly issued almost three years after tenant filed the overcharge complaint. 

Lafayette Nelson Apartments, LLC: DHCR Adm. Rev. Docket No. GU610005RO (7/19/19) [4-pg. doc.]