Monthly Overcharge of $14.74 Not Trivial

LVT Number: 8772

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default. The DRA found that landlord's overcharge was willful, and assessed triple damages. Landlord appealed, claiming the monthly overcharge amount of $14.74 was trivial and couldn't constitute a willful overcharge. The DHCR ruled against landlord. The Rent Stabilization Code places the burden for proving that an overcharge wasn't willful on landlord. Landlord's failure to submit the requested rent history left the DRA with no choice but to find willfulness.

Tenant complained of a rent overcharge. The DRA ruled for tenant based on landlord's default. The DRA found that landlord's overcharge was willful, and assessed triple damages. Landlord appealed, claiming the monthly overcharge amount of $14.74 was trivial and couldn't constitute a willful overcharge. The DHCR ruled against landlord. The Rent Stabilization Code places the burden for proving that an overcharge wasn't willful on landlord. Landlord's failure to submit the requested rent history left the DRA with no choice but to find willfulness. Also, given tenant's $324 rent, the overcharge amount wasn't trivial.

2678 Ocean Avenue, Apt. 3H: DHCR Adm. Rev. Dckt. No. CG 210124-RO (3/31/94) [3-page document]

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