Triple Damages Required for Post-HSTPA Overcharge Finding

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and ordered landlord to refund over $25,000, including triple damages and interest minus a small $680 refund. Landlord appealed and lost. Landlord argued that the overcharge wasn't willful because landlord's principal died suddenly in September 2021 and that it wasn't aware of the unresolved overcharge issues and was confused by multiple complaint filings. The DHCR noted that landlord hadn't rebutted the presumption of willfulness, which, post-HSTPA, requires a mandatory finding of triple damages. 

MF York, Inc.: DHCR Adm. Rev. Docket No. MW710020RO (4/8/25)[2-pg. document]