Landlord Claims Newly Hired Secretary Erred in Calculating Rent

LVT Number: 9152

The DRA ruled that tenant had been overcharged $4,920. Landlord appealed, arguing that the overcharge wasn't willful. Landlord claimed that his newly hired secretary had miscalculated the rent. The DHCR upheld the triple damage award. Landlord isn't excused from the overcharge claim based on the mathematical error. Also, landlord didn't try to refund the overcharge to tenant after getting the complaint, even though landlord knew of the error.

The DRA ruled that tenant had been overcharged $4,920. Landlord appealed, arguing that the overcharge wasn't willful. Landlord claimed that his newly hired secretary had miscalculated the rent. The DHCR upheld the triple damage award. Landlord isn't excused from the overcharge claim based on the mathematical error. Also, landlord didn't try to refund the overcharge to tenant after getting the complaint, even though landlord knew of the error.

30-70 48th Street, Apt. 2F: DHCR Adm. Rev. Dckt. No. CC 110449-RO (8/26/94) [2-page document]

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