No Triple Damages Where Overcharge Based on Failure to Register Apartment

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,400, including triple damages. Landlord appealed and won, in part. The DRA properly froze rent paid on the base date because landlord failed to register the apartment after the apartment became reregulated in 2009 when landlord received J-51 tax benefits. A prior DHCR order had directed landlord to file annual apartment registrations. But since the overcharge finding was based entirely on this rent freeze and landlord’s failure to file rent registrations, triple damages didn’t apply under Rent Stabilization Code Section 2526.1. So the triple damages were revoked and the refund due tenant was $6,560, representing overcharges plus interest. [Download PDF of decision here.]

E&M Harlem Portfolio LLC: DHCR Adm. Rev. Docket No. EP410030RO (8/11/16) [5-pg. doc.]