No Triple Damages for Overcharge Based on Failure to Register Apartment

LVT Number: #24893

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund overcharges with interest. Tenant appealed, seeking triple damages and attorney's fees. Tenant also contested the 1/40th rent increase granted by the DRA. The DHCR ruled against tenant. The DRA carefully reviewed the proof of improvements submitted by landlord and correctly granted an increase for individual apartment improvements.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund overcharges with interest. Tenant appealed, seeking triple damages and attorney's fees. Tenant also contested the 1/40th rent increase granted by the DRA. The DHCR ruled against tenant. The DRA carefully reviewed the proof of improvements submitted by landlord and correctly granted an increase for individual apartment improvements. And since most of the overcharge finding resulted from landlord's failure to file a timely annual rent registration, triple damages wouldn't be assessed. 

Jones/239-253 West 116 LLC: DHCR Adm. Re. Docket Nos. AX410031RT, BN410010RO (9/12/14) [8-pg. doc.]

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