No Triple Damages for Overcharge Resulting from Failure to Register Apartment

LVT Number: #27811

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,000, including triple damages. Landlord appealed and won, in part. Landlord claimed that there was no overcharge since tenant paid less than the legal regulated rent. But landlord didn't register tenant's apartment in 2012, so tenant's rent was properly frozen and landlord improperly continued to collect rent increases after the non-registration. There also was no proof that the rent tenant paid on the base rent date was a preferential rent.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $23,000, including triple damages. Landlord appealed and won, in part. Landlord claimed that there was no overcharge since tenant paid less than the legal regulated rent. But landlord didn't register tenant's apartment in 2012, so tenant's rent was properly frozen and landlord improperly continued to collect rent increases after the non-registration. There also was no proof that the rent tenant paid on the base rent date was a preferential rent. However, since the rent overcharge was the result of landlord's failure to register the apartment, it was improper to impose triple damages. So the total overcharge was reduced to $9,650.

LIV Hudson Heights LLC: DHCR Adm. Rev. Docket No. EV410062RO (5/31/17) [4-pg. doc.]

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