No Triple Damages on Excess Security Deposit Collected by Landlord

Tenant complained of a rent overcharge based on landlord's collection of more than one month's security deposit. The DRA ruled for tenant and directed landlord to refund the excess security deposit. Tenant appealed, claiming that the overcharge was willful and that landlord should pay triple damages. The DHCR ruled against tenant. The Rent Stabilization Code permits the DHCR to award triple damages for collection of a rent overcharge. A security deposit isn't rent, and DHCR policy doesn't provide for triple damages on an excess security deposit.

Stan: DHCR Adm. Rev. Dckt. No. QJ410125RT (1/28/03) [2-pg. doc.]