Triple Damages Charged for Overcharge Based on Rent Reduction Order

Rent-stabilized tenant complained of rent overcharge, claiming that landlord continued to collect full rent despite issuance of a rent reduction order based on a reduction in required services. The DRA ruled for tenant, froze his rent, and ordered landlord to refund $5,249, including triple damages and interest. Landlord appealed and lost. Landlord claimed that the overcharge wasn't willful, because it was due to a mathematical error. But the DRA had denied landlord's rent restoration application in November 2014. And landlord failed to explain to the DRA, at the DRA's request, a discrepancy between the cancelled checks submitted by tenant and the rent ledger submitted by landlord. And there was no proof that landlord gave tenant a full refund within the time allotted to respond to tenant's complaint.

Hillside Park 168 LLC: DHCR Adm. Rev. Docket No. EV110047RO (4/14/17) [3-pg. doc.]