No Triple Damages After Overcharge Fully Refunded with Interest

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $41,740, including triple damages. Landlord appealed, claiming that there was no willful overcharge. The DHCR ruled for landlord and revoked the triple damages. Landlord bought the building after tenant filed his overcharge complaint. Upon review, landlord immediately refunded the overcharge plus interest in the amount of $25,560. Under DHCR Policy Statement 89-2, landlord rebutted the presumption of willfulness. The fact that tenant may not have cashed landlord’s check didn’t warrant triple damages.

1749 Holdings LP: DHCR Adm. Rev. Docket No. CS610014RO (3/17/15) [4-pg. doc.]