Triple Damages Applied Where No Proof Landlord Sent Tenant Refund

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,240, including triple damages, although triple damages weren't applied to the portion of the overcharge resulting from a DHCR rent reduction order in effect from Aug. 1, 2015, to March 30, 2016. Landlord appealed and lost. Landlord claimed that the overcharge wasn't willful and that, based on an unrelated court decision, reducing the rent due to a prior rent reduction order was incorrect. The DHCR pointed out that the court decision landlord cited had been reversed. Plus, that court decision concerned a rent freeze resulting from a rent reduction order that was issued more than four years before tenant complained of rent overcharge. In this case, the rent reduction order was issued after the four-year base rent date. And, while landlord claimed that it had issued a refund check to tenant in February 2017, there was no proof that the check was mailed, and tenant denied receiving it. So triple damages were properly assessed.

2730 Decatur Towers LLC: DHCR Adm. Rev. Docket No. FP610065RO (2/12/13) [3-pg. doc.]