No Triple Damages Where Landlord Promptly Refunded Rent Overcharge

LVT Number: #27958

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found that no refund was required because landlord had already refunded to tenant the overcharge plus interest in an amount that was more than what the DRA found was due. Tenant appealed and lost. Tenant claimed that landlord wasn't entitled to rent guideline increases for filing improper rent registrations. But the actual rent paid by tenant and the rent registered as preferential since 2004 was $1,300 per month.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant but found that no refund was required because landlord had already refunded to tenant the overcharge plus interest in an amount that was more than what the DRA found was due. Tenant appealed and lost. Tenant claimed that landlord wasn't entitled to rent guideline increases for filing improper rent registrations. But the actual rent paid by tenant and the rent registered as preferential since 2004 was $1,300 per month. There were no false or improper registrations, and tenant was actually paying much less than the collectible or legal regulated rent. And no triple damages were due since landlord promptly refunded the overcharge in response to tenant's complaint. 

Wingruber: DHCR Adm. Rev. Docket No. EW410063RT (7/6/17) [2-pg. doc.]

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