Landlord Didn't Make Full Refund Before DRA Order

September 30, 2006

LVT Number: 19161

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered triple damages. Landlord appealed and lost. Landlord claimed that there shouldn't be triple damages, because it had refunded the entire overcharge amount to tenant before the DRA's order was issued. The DHCR said that landlord continued to collect rent overcharges after the final ruling in a prior overcharge case several years earlier. Landlord hadn't made a complete refund of all of the overcharges owed tenant before the DRA ruled in the new case.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered triple damages. Landlord appealed and lost. Landlord claimed that there shouldn't be triple damages, because it had refunded the entire overcharge amount to tenant before the DRA's order was issued. The DHCR said that landlord continued to collect rent overcharges after the final ruling in a prior overcharge case several years earlier. Landlord hadn't made a complete refund of all of the overcharges owed tenant before the DRA ruled in the new case. And landlord hadn't made any refund before its answer was due to the DRA, as required by DHCR Policy Statement 80-2.

63 West Realty Corp./Castor: DHCR Adm. Rev. Docket Nos. UD410017RO & UD410055RT 7/12/06 [4-pg. doc.]

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