Triple Damages Imposed for Miscalculating Improvements Rent Increase

May 31, 1998

LVT Number: 12394

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,900, which included triple damages for willful overcharge. Landlord appealed, claiming that he mistakenly charged tenant 1/30th, rather than 1/40th, of the cost of individual apartment improvements. He also argued that he'd refunded any overcharge to tenant. The DHCR ruled against landlord. Landlord's incorrect calculation of the apartment improvement increase wasn't the only cause of the rent overcharge.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,900, which included triple damages for willful overcharge. Landlord appealed, claiming that he mistakenly charged tenant 1/30th, rather than 1/40th, of the cost of individual apartment improvements. He also argued that he'd refunded any overcharge to tenant. The DHCR ruled against landlord. Landlord's incorrect calculation of the apartment improvement increase wasn't the only cause of the rent overcharge. Also, charging 1/30th of the cost of the improvements couldn't be considered nonwillful.

Franklin/Crooks: DHCR Adm. Rev. Dckt. Nos. KK210031RT, KK210027RO (1/16/98) [4-page document]

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