Underpayment Subtracted from Overcharge Amount

Tenant complained of a rent overcharge. The DRA ruled for tenant, found the overcharge was willful, and ordered landlord to pay triple damages. Landlord appealed, pointing out that the DRA found underpayments by tenant at various times but didn't subtract these from the overcharge total. And landlord said it was confused about how to add a number of MCI increases to the legal rent, which resulted in an accidental overcharge. The DHCR ruled for landlord, subtracted the underpayments, and revoked the triple damages. Landlord showed the overcharge wasn't willful.

J&N Realty Assocs., LLC: DHCR Admin. Rev. Dckt. No. OJ110065RO (10/30/01) [6-pg. doc.]