Landlord Made Only Partial Overcharge Refund

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge, including triple damages. Landlord appealed, claiming that it had sent tenant a check for $1,000 in response to his complaint. It also gave tenant a rent credit for the balance of the overcharge plus interest. The DHCR ruled against landlord. To avoid triple damages, landlord must prove that an overcharge wasn't willful. Under DHCR Policy Statement 89-2, an overcharge will be deemed not willful if landlord refunds the full overcharge plus interest within the time granted to answer tenant's complaint. In this case, landlord gave tenant only a partial refund and only well after the time given to answer tenant's complaint.

First MWH & G Inc.: DHCR Adm. Rev. Docket No. VF210029RO (9/20/07) [2-pg. doc.]