Triple Damages Revoked

November 1, 2001

LVT Number: 15397

Tenant complained of a rent overcharge. The DRA disallowed some of the costs landlord claimed for apartment improvements and ruled for tenant. The DRA also found that the overcharge was willful and imposed triple damages. Landlord appealed, claiming that there was no willful overcharge. The DHCR ruled for landlord. The DRA allowed most of landlord's claimed improvement costs. Those items that were disallowed, such as overhead charges and payroll taxes, were reasonably believed by landlord to be includable in the calculation of the improvement costs.

Tenant complained of a rent overcharge. The DRA disallowed some of the costs landlord claimed for apartment improvements and ruled for tenant. The DRA also found that the overcharge was willful and imposed triple damages. Landlord appealed, claiming that there was no willful overcharge. The DHCR ruled for landlord. The DRA allowed most of landlord's claimed improvement costs. Those items that were disallowed, such as overhead charges and payroll taxes, were reasonably believed by landlord to be includable in the calculation of the improvement costs. So there was no willful overcharge, and the overcharge refund was reduced.

Sikora Realty Corp.: DHCR Admin. Rev. Dckt. No. MJ110037RO (9/19/01) [2-pg. doc.]

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