Refund Didn't Include Interest

March 1, 2005

LVT Number: 17955

Tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages. Landlord appealed, claiming that there was no willful overcharge. Landlord claimed that he didn't know the law and refunded $786 to tenant while his complaint was pending. The DHCR ruled against landlord. Among other things, landlord's refund to tenant didn't include interest. DHCR Policy Statement No. 89-2 states that landlord can show that an overcharge wasn't willful if he refunds any overcharge plus interest to tenant during the time allowed to respond to tenant's complaint.

Tenant complained of a rent overcharge. The DRA ruled for tenant and imposed triple damages. Landlord appealed, claiming that there was no willful overcharge. Landlord claimed that he didn't know the law and refunded $786 to tenant while his complaint was pending. The DHCR ruled against landlord. Among other things, landlord's refund to tenant didn't include interest. DHCR Policy Statement No. 89-2 states that landlord can show that an overcharge wasn't willful if he refunds any overcharge plus interest to tenant during the time allowed to respond to tenant's complaint.

Kennell: DHCR Adm. Rev. Dckt. No. RE210073RO (12/10/04) [4-pg. doc.]

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