Triple Damages Applied to Overcharge

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,000, including triple damages. Landlord appealed and lost. Landlord claimed that an overcharge was found only because tenant's apartment wasn't registered between 2006 and 2009. He argued that the missing registrations were later filed, so there was no overcharge. But at the time the DRA's order was issued, landlord hadn't filed the registration statements for the missing years. Under Rent Stabilization Code Section 2528.4, landlord's failure to file timely annual apartment registration statements bars collection of rent in excess of the legal regulated rent in effect on the date of the last filed registration. Landlord also objected to the triple damages. But landlord had failed to file annual registrations, which was a basic duty under the Rent Stabilization Law. Therefore, landlord failed to rebut the presumption of willfulness, and the DRA properly assessed triple damages.

Goldman: DHCR Adm. Rev. Docket No. ZI210009RO (6/3/14) [3-pg. doc.]