Interest Assessed on Refunded Overcharge Amount

LVT Number: 18708

Tenant complained of a rent overcharge. Landlord refunded the overcharge amount to tenant while the complaint was pending. The DRA ruled for tenant, noted that landlord had refunded the overcharge, and ordered landlord to refund interest on the overcharge amount. Landlord appealed and lost. Even if landlord refunds the overcharge before a DHCR ruling, it must refund any interest or triple damages that have accumulated on the overcharge.

Tenant complained of a rent overcharge. Landlord refunded the overcharge amount to tenant while the complaint was pending. The DRA ruled for tenant, noted that landlord had refunded the overcharge, and ordered landlord to refund interest on the overcharge amount. Landlord appealed and lost. Even if landlord refunds the overcharge before a DHCR ruling, it must refund any interest or triple damages that have accumulated on the overcharge.

Langsam Property Services Corp.: DHCR Adm. Rev. Dckt. No. TK610004RO (1/19/06) [3-pg. doc.]

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