Landlord Refunded Overcharge After Complaint

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. Landlord appealed and won. Landlord claimed that there was no willful overcharge. It admitted making an error when it charged tenant a vacancy increase of 17 percent instead of 16 percent. Landlord sent tenant a rent refund to correct this error after receiving tenant's complaint. Landlord also refunded $3,200 to tenant when it discovered it made a calculation error on a rent increase for individual apartment improvements. Since landlord had refunded the overcharge during the time afforded to make an initial response to tenant's complaint, triple damages weren't warranted.

Ch-Wen Management: DHCR Adm. Rev. Docket No. AP110015RO (7/30/14) [4-pg. doc.]