DHCR Can't Order Additional Overcharge Penalties
LVT Number: #24478
Rent-stabilized tenant complained of a rent overcharge based on landlord's failure to refund overcharges that were owed based on on prior DHCR orders issued years earlier. The DRA dismissed the complaint. Tenant appealed and lost. Tenant's complaint didn't involve any new overcharges collected during the four years before the complaint was filed. Tenant instead sought relief from the DHCR for landlord's noncompliance with the prior DHCR orders. The DHCR had no authority to rule on this type of complaint and couldn't impose triple damages based on landlord's failure to comply with a DHCR order.
Litwin: DHCR Adm. Rev. Docket No. ZL410009RT (10/25/12) [1-pg. doc.]