Triple Damages Applied to Rent Overcharge Based on Rent Reduction Order

Rent-stabilized tenant complained of rent overcharge in 2018. The DRA ruled for tenant and ordered landlord to refund $11,250, including interest and triple damages. The overcharge finding was based on a DHCR rent reduction order issued in 2015, which froze tenant's rent. Landlord appealed and lost. Landlord argued that tenant repeatedly refused access to the apartment despite landlord's request for access to make repairs. The DHCR noted that landlord couldn't collaterally attack the rent reduction order in the rent overcharge case. The DRA had denied one application by landlord to restore tenant's rent, finding that services had been only partially restored. If tenant refused access, landlord should send two access requests letters, then seek a no-access inspection through the DHCR. 

ZM Force LLC: DHCR Adm. Rev. Docket No. JN610034RO (7/8/21)[5-pg. document]