No Triple Damages Where Overcharge Resulted from Rent Freeze for Failure to Register Rent

LVT Number: #25868

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge based on landlord's failure to register tenant's apartment for certain years. Tenant's rent was frozen until September 2010 when landlord filed late registrations. The DRA also ordered landlord to pay triple damages for willful overcharge. Landlord appealed, claiming that there should be no triple damages. The DRA ruled for landlord. The overcharge was the result of the rent freeze and therefore wasn't subject to triple damages.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge based on landlord's failure to register tenant's apartment for certain years. Tenant's rent was frozen until September 2010 when landlord filed late registrations. The DRA also ordered landlord to pay triple damages for willful overcharge. Landlord appealed, claiming that there should be no triple damages. The DRA ruled for landlord. The overcharge was the result of the rent freeze and therefore wasn't subject to triple damages.

Hempstead, LLC: DHCR Adm. Rev. Docket No. ZI710028RO (9/5/14) [3-pg. doc.]

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