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The fight against the award of treble damages to tenants received a boost in the recent decision handled by our firm, Matter of Ger Spiegel [DHCR Admin. Rev. Docket No. AS-210014-RO, 10/21/14]. The decision related to rent overcharge complaints and the timing of refunds to tenants.
Currently, the DHCR takes a very parochial stance in assessing treble damages if a refund, with 9 percent interest, is not made within the first 30 days within which to file the initial answer.