No Triple Damages for Early Renewal Increase
LVT Number: #24600
Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $600, including triple damages. Landlord appealed and won. The overcharge resulted solely from landlord's failure to delay the effective date of the rent increase under tenant's renewal lease from Jan. 1, 2010, to May 1, 2010. This was required since landlord's renewal lease was offered late. Landlord therefore had improperly collected a $50 rent increase for five months. But the DHCR generally doesn't impose triple damages for specific lease violations resulting from a late renewal offer. So the triple damages were revoked.
Bronx 179 Realty LLC: DHCR Adm. Rev. Docket No. ZL610018RO (12/14/12) [3-pg. doc.]