No Triple Damages Awarded

Tenant complained of a rent overcharge. The DRA ruled for tenant, and found that there was an overcharge of $2,475. Since landlord already had refunded $2,560, no additional refund was due. Tenant appealed, seeking triple damages. She claimed that landlord willfully overcharged her by not offering renewal leases and hiding the rent-stabilization status of the building. The DHCR ruled against tenant. The building was a three-family house, which landlord had bought in 1996. Landlord said that she didn't know that prior landlord had received 421-a tax benefits for building the house. This made the building rent stabilized. When landlord received tenant's complaint, she reduced tenant's rent based on the last registered rent. Landlord also registered the apartment and offered tenant a renewal lease.

Manhart: DHCR Adm. Rev. Docket No. WD210033RT (6/27/08) [3-pg. doc.]