Triple Damages Ordered

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,000, including triple damages. Landlord appealed, claiming that the overcharge wasn't willful. The DHCR ruled against landlord. The DRA used the default method to calculate the legal rent because the rent ledgers that landlord submitted looked suspicious, and landlord submitted no other proof of the rent history. There was no technical calculation error, and landlord didn't buy the building at a judicial sale and didn't make a good-faith refund to tenant pending the determination of tenant's complaint. So there was no reason to find that the overcharge wasn't willful.

508 Realty Assocs. LLC: DHCR Adm. Rev. Docket No. UG210007RP (9/14/06) [3-pg. doc.]