Triple Damages Awarded to Tenant

Tenant complained of a rent overcharge. Some time after getting notice of tenant's complaint, but before the DRA issued an order, landlord refunded to tenant approximately $20,000 in estimated overcharges. Still, the DRA determined that landlord had willfully overcharged tenant and directed a total refund of $60,000. Landlord appealed and pointed out a number of other DHCR decisions where overcharges were refunded before the DRA's order was issued. In these cases, no triple damages were awarded. The DHCR denied landlord's PAR and noted that the other cases were different. In those cases, the landlords would have been entitled to rent increases for apartment renovations if they had sufficient proof. But, here, landlord charged tenant a rent increase for maintenance and repair work. Also, in this case, landlord made the refund to tenant two-and-a-half years after getting notice of tenant's complaint.

160 Claremont Avenue, Apt. 1G: DHCR Adm. Rev. Dckt. No. GG 510065-RO (3/3/93) [5-page document]