Triple Damages Didn't Apply for Period of Rent Overcharge in Pre-HSTPA Case

Rent-stabilized tenant complained of rent overcharge in 2017. The DRA ruled for tenant and directed landlord to refund a total overcharge of $2,792, including interest. Tenant appealed and lost. Tenant claimed that triple damages should have been added to the overcharge finding. But under the law and regulations in effect when tenant's complaint was filed, Rent Stabilization Code Section 2526.1(a)(2)(ii) provided that triple damages couldn't be assessed on an overcharge that occurred more than two years before the complaint was filed. Since tenant filed her complaint in September 2017 and the entire overcharge occurred between Jan. 1, 2014, and March 31, 2015, no triple damages applied as a matter of law.

Barajas: DHCR Adm. Rev. Docket No. JP210033RT (9/1/21)[2-pg. document]