Landlord Refunded Overcharge and Filed Missing Registrations

March 14, 2017

LVT Number: #27546

Unregulated tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,355. Since landlord had already refunded more than that amount to tenant, no money was due to tenant. Tenant appealed and lost, claiming that there was fraud and that there should have been triple damages. But the DHCR found that landlord investigated in response to the complaint, admitted that the apartment was rent stabilized, froze the rent at the base date rent until late registrations were filed, and made a refund to tenant that was more than the overcharge plus interest.

Unregulated tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,355. Since landlord had already refunded more than that amount to tenant, no money was due to tenant. Tenant appealed and lost, claiming that there was fraud and that there should have been triple damages. But the DHCR found that landlord investigated in response to the complaint, admitted that the apartment was rent stabilized, froze the rent at the base date rent until late registrations were filed, and made a refund to tenant that was more than the overcharge plus interest. This showed that landlord wasn’t attempting to fraudulently deregulate the apartment and rebutted the presumption of willfulness. 

 

 

 

Thurlow: DHCR Adm. Rev. Docket No. DX410030RT (1/11/17) [9-pg. doc.]

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