Triple Damages Applied Where No Proof of Improvements' Cost

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge, with triple damages. Landlord appealed, claiming that triple damages shouldn't apply. Landlord had collected a rent increase for improvements made to the apartment during tenant's occupancy. While tenant had verbally agreed to pay a rent increase, she later refused to sign landlord's notice confirming this agreement. But landlord didn't submit invoices or proof of payment for the claimed improvements to the DRA, as requested. Without that information, the DRA couldn't determine whether the overcharge was solely the result of the improvements. Under the Rent Stabilization Law and Code, there is a presumption of willful overcharge that landlord hadn't rebutted.

Cohen: DHCR Adm. Rev. Docket No. BN210015RO (5/13/14) [2-pg. doc.]