Triple Damages Revoked

Tenant complained of a rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. The total overcharge, including triple damages, was $30,000. Landlord appealed, claiming there was no willful overcharge. The DHCR ruled for landlord. The prior landlord had properly filed both the 1984 apartment and building-wide registration forms. The current landlord was merely unable to prove that tenant had been served with a copy of the RR-1 form. In this case it was clear that neither landlord nor prior landlord would gain by failure to serve the RR-1. The prior landlord took no rent increases for five years, tenant's rent was the lowest in the building, and landlord made improvements to the apartment. The triple damages were revoked, and the total overcharge finding was reduced to $13,000.

Crosbourne: DHCR Adm. Rev. Dckt. No. IL410272RO (2/28/96) [8-page document]