Triple Damages Applied When Overcharge Refunded Late

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the total overcharge was $11,407, including triple damages. Since landlord had refunded $13,750, landlord owed no further refund to tenant. Landlord appealed and lost. Landlord challenged the triple damages, since it had refunded the overcharge before the DHCR decided the case. But DHCR Policy Statement 89-2 calls for disallowance of triple damages when an owner refunds the overcharge during the initial response period of an overcharge claim. In this case, landlord didn't refund the overcharge until about two years after the complaint was filed. 

New Dawn Realty Co. LLC: DHCR Adm. Rev. Docket No. GO610033RO (2/14/19) [4-pg. doc.]