No Triple Damages Where Tenant Refused Refund

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Krauss & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord stated that before tenant's complaint was even filed, it had reduced tenant's rent and given tenant a rent credit and a check for $12,000 to refund overcharges. The DRA noted that tenant hadn't cashed the check, found a willful rent overcharge, and assessed triple damages. Landlord appealed, and the DHCR revoked the triple damages. Landlord had adjusted tenant's rent before tenant filed his complaint. Landlord had also delivered a refund check to tenant after the 20-day period for filing its answer had expired, but before the expiration of extensions requested by landlord to respond to tenant's complaint. Landlord offered tenant the refund in good faith within the time afforded to answer tenant's complaint. And landlord overestimated the overcharge at the time it gave tenant the refund check.

Melohn Properties: DHCR Adm. Rev. Dckt. No. GD 420073-RO (4/23/93) [4-page document]