No Triple Damages Where Landlord Reasonably Believed Apartment Had Been Deregulated

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $15,000, including interest. Tenant appealed, claiming that the overcharge was willful and that triple damages should be imposed. The DHCR ruled against tenant. Although incorrect, landlord reasonably believed that the apartment had been deregulated. And landlord refunded the overcharge to tenant while tenant's complaint was pending before the DHCR.

Paljusevic: DHCR Adm. Rev. Dckt. No. RG410007RK (10/1/03) [3-pg. doc.]