Triple Damages Applied to Overcharge Based on Prior Rent Reduction Orders

Nassau County tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,718, which included triple damages plus interest along with subtraction of a $3,543 refund issued to tenant while his complaint was pending. Landlord appealed and lost. Landlord argued that because it made a refund to tenant in response to tenant's complaint, triple damages shouldn't apply. The DHCR disagreed. Landlord's refund couldn't be considered timely because the overcharge was based on DHCR rent reduction orders issued in 2015 that froze the collectible rent. Landlord knew about those orders and continued to collect higher rents based on lease renewal increases until July 2022.

Manchester I, LLC: DHCR Adm. Rev. Docket No. LR710002RO (9/26/23)[3-pg. document]