Triple Damages Correctly Applied to Overcharge

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,830, including triple damages. Landlord appealed and lost. Landlord claimed that no triple damages should apply because it made a good faith attempt to refund the overcharges to tenant. Tenant's complaint was filed in February 2010. Landlord sent tenant a refund check for $64 in April 2010. But landlord didn't send tenant a second check, for $482, until July 2011, almost 17 months later. Under DHCR Policy Statement 89-2, landlord can rebut the presumption of willful rent overcharge if a refund is offered in good faith within a reasonable time. In this case, landlord didn't adjust the rent so as to avoid future overcharges, didn't make or attempt to make a full refund of overcharges and interest, and didn't attempt to make a full refund within a reasonable time. 

565-569 Warren St., LLC: DHCR Adm. Rev. Docket No. ZJ210012RO (9/24/14) [3-pg. doc.]