Triple Damages Applied After Untimely, Partial Refund

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $6,560, including triple damages and minus a partial refund made to tenant. Landlord appealed and lost. Landlord gave tenant only a partial refund before the DRA ruled on the case. And landlord received notice of tenant’s complaint from the DHCR in February 2012. Landlord was still overcharging tenant and hadn’t reduced her rent as of December 2013. DHCR Policy Statement 89-2 allows a landlord to rebut the presumption of willful rent overcharge by refunding the overcharge to a tenant “within the time afforded to furnish DHCR with an initial response” to the overcharge complaint. Landlord waited too long to rely on the Policy Statement.

M&M Parkside Towers, LLC: DHCR Adm. Rev. Docket No. CS210023RO (3/18/15) [4-pg. doc.]