Landlord didn't refund overcharge in time.

Position:RENT OVERCHARGE
 
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Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, found that the overcharge was willful, and ordered landlord to refund $6,375. Landlord appealed and lost. Landlord claimed that the overcharge wasn't willful, because it sent tenant a full refund before the DRA issued its order. But DHCR Policy Statement 89-2 excuses landlords from a willful overcharge finding if landlords refund overcharges within the time permitted to answer the notice of the overcharge...

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