Triple Damages Revoked

The DHCR's Tenant Protection Unit (TPU) performed an Individual Apartment Improvements (IAI) audit for tenant’s apartment based on review of rent registration records. Landlord submitted documentation of IAI costs, but TPU disallowed any rent increase. TPU found that the legal regulated rent should be reduced from $1,313 to $1,062 and ordered landlord to refund any overcharge, amend rent registrations, and give tenant an amended lease. Landlord continued to defend its rent increases, and the DRA opened a rent overcharge proceeding. Landlord answered the complaint and again submitted rent history documentation. The DRA ruled for tenant and ordered landlord to refund a total overcharge of $177, including triple damages. Landlord appealed and won. The overcharge in this case was caused by a hypertechnical computation error and wasn’t willful. So triple damages were revoked.

National 8301 Realty LP: DHCR Adm. Rev. Docket No. DP210025RO (7/1/15) [6-pg. doc.]