Willful Rent Overcharge Collected While Rent Reduction Order in Effect

August 31, 2010

LVT Number: #22879

Rent-stabilized tenant complained of a rent overcharge in March 2009. The DRA ruled for tenant in May 2010 and imposed triple damages. Landlord appealed and lost. The DRA had issued a rent reduction order in December 2009 based on tenant's service complaint. The effective date of the rent reduction was June 1, 2009. Landlord claimed that it had restored the services. But landlord didn't file a rent restoration application and continued to collect full rent from tenant without a rent reduction. This was a willful rent overcharge, and triple damages applied.

Rent-stabilized tenant complained of a rent overcharge in March 2009. The DRA ruled for tenant in May 2010 and imposed triple damages. Landlord appealed and lost. The DRA had issued a rent reduction order in December 2009 based on tenant's service complaint. The effective date of the rent reduction was June 1, 2009. Landlord claimed that it had restored the services. But landlord didn't file a rent restoration application and continued to collect full rent from tenant without a rent reduction. This was a willful rent overcharge, and triple damages applied.

Tsoucaris: DHCR Adm. Rev. Docket No. YF11016RO (7/7/10) [3-pg. doc.]

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