Default Procedure Used to Calculate Overcharge

LVT Number: #24637

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed and lost. The DRA calculated the overcharge using its default procedure because landlord failed to submit copies of leases or rent ledgers showing the full rental history for the apartment from the base rent date. Landlord claimed that it bought the building in 2008 and, since the prior lease was prepared by prior landlord, the overcharge shouldn't have been deemed willful.

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