Triple Damages Revoked Where Overcharge Due to Minor Calculation Error

Tenant complained of rent overcharge. The DRA ruled for tenant. Landlord didn't file rent registrations from 2007 to 2009, which froze the collectible rent at $640 per month. Landlord also charged $3 per month above the legal rent. The rent freeze was lifted in 2010, when landlord filed the missing registrations. The DRA ordered landlord to refund $3,335, including triple damages. Landlord appealed and won in part. Tenant’s rent was properly frozen until late registrations were filed. But there was no willful overcharge since the overcharge largely resulted solely from the failure to register the apartment in a timely manner. The additional overcharge of $3 per month didn’t warrant triple damages.

Ahmed: DHCR Adm. Rev. Docket No. CM110001RP (9/16/15) [4-pg. doc.]