Triple Damages Applied to Willful Rent Overcharge

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $73,790, including triple damages plus interest. Landlord appealed and lost. Landlord claimed that there was no willful overcharge and that tenant didn't live in the apartment. But the DRA correctly relied on a prior rent reduction order and the most recent renewal lease to determine that tenant was a proper party to the overcharge proceeding. Landlord also made willful attempts to confuse the DRA as to tenant's identity and the apartment. Landlord therefore failed to rebut the presumption of willful rent overcharge, and triple damages were proper.

131 Huron Street Associates: DHCR Adm. Rev. Docket No. CO210010RO (1/1/15) [5-pg. doc.]