Landlord Avoided Pre-HSTPA Triple Damages by Giving Tenant Rent Credit

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA found that the base date rent was lawful but that there were subsequent overcharges. The DRA ruled for tenant and ordered landlord to refund the overcharge, including triple damages. Landlord appealed and won. Landlord argued that, in response to the DRA's Final Notice of Treble Damages, landlord reduced tenant's rent and gave tenant a rent credit of $1,663, which was greater than the overcharge plus interest totalling $1,612. So pursuant to DHCR Policy Statement 89-2, in effect at the time the DRA ruled on tenant's complaint, landlord had rebutted the presumption of willful overcharge and no triple damages applied. 

19 Seaman LLC: DHCR Adm. Rev. Docket No. KR410011RO (2/2/23)[4-pg. document]