HSTPA Amendments Didn't Apply to Overcharge Complaint Filed in 2018

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2018. The DRA ruled for tenant and directed landlord to refund $1,410 with interest after applying a small refund credit. No triple damages were assessed. Tenant appealed and won in part. He claimed that the DRA should have applied a default formula because there was rent fraud by the landlord. He also argued that any overcharges occurring after June 14, 2019, should be governed by HSTPA modifications to the rent stabilization law. Tenant also argued that triple damages should apply to the overcharge. The DHCR agreed with tenant's claim that the overcharge was presumed willful and applied triple damages. Otherwise, the DHCR found no fraudulent scheme to deregulate the apartment. And, in Regina Metro. v. DHCR, the Court of Appeals ruled that HSTPA didn't apply to overcharge claims filed before June 14, 2019. So HSTPA didn't apply to tenant's complaint.

Barnes: DHCR Adm. Rev. Docket No. MQ210009RT (2/5/25)[5-pg. document]