Landlord Collected Rent Increase Despite Rent Freeze

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord had continued to collect rent increases despite a rent freeze imposed by the DRA based on a reduction in required services. Landlord appealed, claiming that tenant's rent had been restored. The DHCR ruled against landlord. The effective date of the rent overcharge was before the effective date of tenant's rent restoration. So landlord was improperly collecting rent increases during a rent freeze. This was a willful overcharge, and triple damages were properly imposed.

777 Mgmt. Corp.: DHCR Admin. Rev. Dckt. No. QF610030RO (8/15/02) [3-pg. doc.]