No Triple Damages for Overcharge Based on Failure to Register

Tenant complained of a rent overcharge. The DRA ruled for tenant and froze her rent based on landlord's failure to register tenant's apartment. The DRA ordered landlord to refund $3,450, including triple damages. Landlord appealed, claiming that there was no willful overcharge. The DHCR ruled for landlord. The only reason for the overcharge finding was landlord's failure to file annual registration statements for the apartment. Otherwise, there was no overcharge. The DHCR revoked the triple damages. The overcharge refund due tenant was only $1,105.

107B Ravenhurst Avenue: DHCR Adm. Rev. Docket No. XD310011RO (5/27/09) [2-pg. doc.]