Triple Damages Revoked for Timely Overcharge Refund

October 31, 2009

LVT Number: #22282

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,000, including triple damages. Landlord appealed, claiming that there should be no triple damages. When landlord received the DRA's notice of tenant's complaint, landlord calculated the overcharge with interest and sent tenant a refund check. Tenant rejected the offer. The DHCR ruled for landlord. It is DHCR policy that if landlord refunds an overcharge to tenant within 30 days of notice from the DRA of tenant's complaint, there will be no finding of willful overcharge.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $35,000, including triple damages. Landlord appealed, claiming that there should be no triple damages. When landlord received the DRA's notice of tenant's complaint, landlord calculated the overcharge with interest and sent tenant a refund check. Tenant rejected the offer. The DHCR ruled for landlord. It is DHCR policy that if landlord refunds an overcharge to tenant within 30 days of notice from the DRA of tenant's complaint, there will be no finding of willful overcharge. So the DHCR revoked the triple damages and added only interest to the overcharge refund due to tenant.

Buttercup Realty, LLC: DHCR Adm. Rev. Docket No. XE210035RO (9/17/09) [3-pg. doc.]

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