Landlord Didn't Refund Overcharge to Tenant While Case Was Pending

April 1, 2000

LVT Number: 14033

Tenant complained of a rent overcharge. The DRA ruled for tenant. The DRA found that the overcharge was willful and ordered landlord to refund $8,000, including triple damages. Landlord appealed, claiming that there should be no triple damages because he offered to refund the overcharge. The DHCR ruled against landlord. Landlord didn't offer to refund the overcharge to tenant while tenant's complaint was pending before the DRA. Landlord offered tenant a $100 monthly rent credit only after the DRA's order was issued.

Tenant complained of a rent overcharge. The DRA ruled for tenant. The DRA found that the overcharge was willful and ordered landlord to refund $8,000, including triple damages. Landlord appealed, claiming that there should be no triple damages because he offered to refund the overcharge. The DHCR ruled against landlord. Landlord didn't offer to refund the overcharge to tenant while tenant's complaint was pending before the DRA. Landlord offered tenant a $100 monthly rent credit only after the DRA's order was issued. To avoid triple damages, a landlord must offer tenant a refund during the time allowed to submit an answer to tenant's complaint.

Mott: DHCR Adm. Rev. Dckt. No. HI710176RO (1/20/00) [2-pg. doc.]

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