Triple Damages Properly Applied to Rent Overcharge

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, finding that he was rent stabilized and had been overcharged. Landlord was ordered to refund the overcharge with triple damages. Landlord appealed and lost. Landlord didn't dispute that tenant was rent stabilized. But landlord claimed that the rent increase charged to tenant for individual apartment improvements (IAIs) was proper. The DHCR found that landlord didn't properly set forth a preferential rent and preserve a higher legal rent in tenant's vacancy and renewal leases. Landlord also didn't register the apartment for many years. For all these reasons, the DHCR properly assessed triple damages for willful rent overcharge. Landlord also waived the majority of potential IAI rent increases by failing to include them in the rent in tenant's vacancy lease. 

Joan M. Bebry LLC: DHCR Adm. Rev. Docket No. IO110001RK (10/22/20) [5-pg. doc.]