Triple Damages Applied to Miscalculated Renewal Increase

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $33,387, including triple damages and interest. Landlord appealed and lost. Landlord argued against the triple damages, claiming that the overcharge wasn't willful. Landlord stated that the only reason for the overcharge was its failure to file apartment registrations between 2007 and 2011. Landlord also claimed it wasn't fully credited for individual apartment improvements. The DHCR found that since there was no 2007 registration, the DRA correctly froze tenant's rent at the lawful rent in effect on April 1, 2007, pending proper filing of that registration. The triple damages were assessed for an overcharge based on landlord's $5.65 per month miscalculation of the rent increase due under tenant's April 1, 2009, renewal lease. In addition, the DRA correctly disallowed $800 from the apartment improvement cost for repairing the damaged kitchen floor. This was maintenance work, not an improvement.

H & A Realty Associates: DHCR Adm. Rev. Docket No. AN110040RO (11/20/13) [2-pg. doc.]