No Triple Damages Since Overcharge Wasn't Willful
LVT Number: #24599
Rent-stabilized tenant complained of a rent overcharge. He claimed that landlord's claimed costs for individual apartment improvements (IAI) were excessive. The DRA ruled for tenant and ordered landlord to refund $6,600, including interest. Tenant appealed, claiming that the DRA should have imposed triple damages for willful rent overcharge. Tenant also claimed that the DRA miscalculated the applicable vacancy rent increase. The DHCR ruled for tenant in part. Tenant didn't deny that the claimed apartment improvements were done. There was no proof of fraud, as tenant argued.