Triple Damages Revoked Due to Overcharge Refund

LVT Number: #25807

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $60,000, including triple damages. Landlord appealed that portion of the order that assessed triple damages. Landlord pointed out that it had sent tenant a refund check for $24,000 before the DRA issued its order, which covered the overcharge plus interest. And the overcharge was the result only of a DHCR rent reduction order that had been issued six years before tenant filed her complaint. The DHCR ruled for landlord and revoked the triple damages.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $60,000, including triple damages. Landlord appealed that portion of the order that assessed triple damages. Landlord pointed out that it had sent tenant a refund check for $24,000 before the DRA issued its order, which covered the overcharge plus interest. And the overcharge was the result only of a DHCR rent reduction order that had been issued six years before tenant filed her complaint. The DHCR ruled for landlord and revoked the triple damages.

Monte Carlo, LLC: DHCR Adm. Rev. Docket No. AQ710016RO (8/15/14) [3-pg. doc.]

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