Triple Damages Applied to Overcharge Based on Disallowed IAI Costs
LVT Number: #30184
Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $24,000, including triple damages and after deducting refunds already made. Landlord appealed, claiming that the overcharge wasn't willful and that a rent increase should have been granted for individual apartment improvements (IAIs). The DHCR ruled for landlord in part and revoked the triple damages. Tenant then filed an Article 78 court appeal. The case was sent back to the DHCR for reconsideration. The DHCR then restored the triple damages.
Kay Management: DHCR Adm. Rev. Docket No. HO210002RP (4/15/19) [3-pg. doc.]