Rent Overcharge Wasn't Willful

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,878, including triple damages. Landlord appealed, claiming that there was no willful overcharge. The DHCR ruled for landlord. There were conflicting statements of how much overcharge there was in the DRA's final notice of triple damages and the subsequent order. In addition, the overcharge was largely the result of landlord's failure to register the apartment. This resulted in a rent freeze that was lifted when landlord filed late registration statements while the case was pending. The overcharge wasn't willful, and the triple damages were revoked.

138 East 16th, LLC: DHCR Adm. Rev. Docket No. ZK410035RO (5/30/13) [3-pg. doc.]