No Triple Damages

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $78,000 to tenant. This amount included interest on overcharges collected between 1986 and 1989, and triple damages for overcharges collected from Nov. 1, 1989, forward. Tenant appealed, claiming that she should receive triple damages for the entire overcharge. The DHCR ruled against tenant. Prior tenant had filed a fair market rent appeal, which the DHCR decided in late 1989. Until the fair market rent was decided and the apartment's first lawful stabilized rent was set, landlord couldn't have known that the rent charged to tenant was an overcharge. So no triple damages applied before Nov. 1, 1989. Landlord also had tried to refund the overcharge amount with interest to tenant before the DRA's order was issued.

Perlman: DHCR Adm. Rev. Dckt. No. HI410094RT (3/6/98) [3-page document]