Triple Damages Applied to Overcharge Based on Prior Rent Reduction Order

The DHCR's Tenant Protection Unit (TPU) audited landlord for noncompliance with two DHCR rent reduction orders that froze tenant's rent. Based on landlord's failure to resolve the matter with TPU, TPU filed a rent overcharge complaint with the DRA. The DRA ruled for tenant and ordered landlord to refund $5,297, including triple damages. Landlord appealed and lost. Landlord argued that triple damages shouldn't apply based on a missing 2016 rent registration, which landlord claimed had been filed. But the cause of the overcharge was landlord's failure to obtain a rent restoration order after the rent was reduced by a prior DRA order. And the missing registration still hadn't been filed. Landlord also claimed that tenant owed more than $25,000 in back rent, and that a nonpayment case was pending in court. The DHCR found no reason to modify the DRA's order.

Hurley: DHCR Adm. Rev. Docket No. IX210033RO (6/14/21)[3-pg. document]