Triple Damages Revoked

February 1, 2000

LVT Number: 13887

Tenant complained of a rent overcharge. The DRA ruled for tenant and found there was a willful overcharge. Landlord was ordered to refund $5,000, including triple damages. Landlord appealed, claiming that the overcharge wasn't willful. The separate fee landlord charged tenant for off-street parking was a hypertechnical error, as was the second guidelines increase that landlord added to tenant's rent three months after collecting it based on a prior lease.

Tenant complained of a rent overcharge. The DRA ruled for tenant and found there was a willful overcharge. Landlord was ordered to refund $5,000, including triple damages. Landlord appealed, claiming that the overcharge wasn't willful. The separate fee landlord charged tenant for off-street parking was a hypertechnical error, as was the second guidelines increase that landlord added to tenant's rent three months after collecting it based on a prior lease.

Mott: DHCR Adm. Rev. Dckt. No. IC710004RO (12/3/99) [3-pg. doc.]

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