Triple Damages Applied Despite Refund

April 25, 2018

LVT Number: #28351

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,000, including interest and triple damages. Landlord appealed and lost. Landlord argued that it had refunded $8,250 to tenant in response to tenant's complaint. But landlord didn't send the refund soon enough after the complaint was filed to eliminate a triple damages finding. And proof of the refund wasn't enough to demonstrate a lack of willfulness given landlord's extensive delay in sending the refund.

 

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,000, including interest and triple damages. Landlord appealed and lost. Landlord argued that it had refunded $8,250 to tenant in response to tenant's complaint. But landlord didn't send the refund soon enough after the complaint was filed to eliminate a triple damages finding. And proof of the refund wasn't enough to demonstrate a lack of willfulness given landlord's extensive delay in sending the refund.

 

Choice Associates LLC: DHCR Adm. Rev. Docket No. FQ410033RO (2/23/18) [5-pg. doc.]

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