DRA Order Didn't Reflect SCRIE Benefits

Tenant complained of a rent overcharge. The DRA ruled for tenant and directed a refund of triple damages. Landlord appealed. Landlord pointed out that tenant received SCRIE benefits and so didn't pay the full rent amount. So it was an error to award her a refund based on the full rent. The DHCR ruled for landlord and reduced the overcharge amount. Landlord also showed that it refunded the actual overcharge to tenant shortly after it received notice of the complaint and before the DRA order was issued, even though it had recently bought the building and never actually collected the overcharge. The DRA's original notice had been sent to prior landlord. So the overcharge wasn't willful and the triple damages were revoked.

Side-by-Side Realty LLC: DHCR Admin. Rev. Dckt. No. PI410009RO (10/30/01) [2-pg. doc.]