Triple Damages Applied to Overcharge Finding

LVT Number: #25874

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and imposed triple damages. Landlord appealed and lost. Landlord claimed that the overcharge wasn't willful. The overcharge resulted from a rent freeze based on an outstanding 1999 rent reduction order. Although prior landlord reduced tenant's rent prospectively after receiving notice of tenant's overcharge complaint, neither prior nor current landlord made a full overcharge refund to tenant while the complaint was pending. 

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and imposed triple damages. Landlord appealed and lost. Landlord claimed that the overcharge wasn't willful. The overcharge resulted from a rent freeze based on an outstanding 1999 rent reduction order. Although prior landlord reduced tenant's rent prospectively after receiving notice of tenant's overcharge complaint, neither prior nor current landlord made a full overcharge refund to tenant while the complaint was pending. 

Kotor Equities, LLC: DHCR Adm. Rev. Docket No. BS610007RO (9/8/14) [3-pg. doc.]

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