Filing for "treble damages" with DHCR

[Phil Cohen]

Treble damages are imposed on rent overcharges by the DHCR. I was not aware that the DHCR had any jurisdiction over agents--or that treble damages were imposed on illegal agent fees, for that matter.
Unless someone here has more info, I would suggest going back to the SOS office to ascertain A) The basis of DHCR jurisdiction and B) The statutory basis for pressing for treble damages. I wonder if maybe the courts (small claims, perhaps?) might be a better venue,

[digerati]

9 NYCRR § 2526.1

§2526.1 Determination of legal regulated rents; penalties; fines; assessment of costs; attorney's fees; rent credits

(a)

(1) Any owner who is found by the DHCR, after a reasonable opportunity to be heard, to have collected any rent or other consideration in excess of the legal regulated rent shall be ordered to pay to the tenant a penalty equal to three times the amount of such excess, except as provided under subdivision (f) of this section. In no event shall such treble damage penalty be assessed against an owner based solely upon the owner's failure to file any timely or proper rent registration statement. If the owner establishes by a preponderance of the evidence that the overcharge was not willful, the DHCR shall establish the penalty as the amount of the overcharge plus interest, which interest shall accrue from the date of the first overcharge on or after the base date, at the rate of interest payable on a judgment pursuant to section 5004 of the Civil Practice Law and Rules, and the order shall direct such a payment to be made to the tenant.

(2) A complaint pursuant to this section must be filed with the DHCR within four years of the first overcharge alleged, and no determination of an overcharge and no award or calculation of an award of the amount of an overcharge may be based upon an overcharge having occurred more than four years before the complaint is filed;

9 NYCRR § 2525.1

§ 2525.1 General prohibitions

It shall be unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive any rent for any housing accommodation in excess of the legal regulated rent, or otherwise to do or omit to do any act, in violation of any regulation, order or requirement under the RSL or this Code, or to offer, solicit, attempt or agree to do any of the foregoing. In addition to the definition contained in section 2520.6(c) of this Title, the term rent, as herein before defined, shall also include the payment by a tenant of a fee or rental commission to an owner or to any person or real estate broker where such person or real estate broker is an agent or employee of the owner employed by the owner in connection with the operation or management of the building in which the housing accommodation is located, or where the owner or his or her employee refers the tenant to such person or such real estate broker employed by the owner in connection with the operation or management of the building, for the purpose of renting the housing accommodation, or where there is common ownership, directly or indirectly, or a financial interest between the owner and such person or real estate broker.

[Phil Cohen]

So as I read the statute digerati was kind enough to post, your complaint is against the landlord--not the "broker."
Also--and I believe I've heard this elsewhere--the law seems to indicate that only the DHCR can impose penalties. Thus I read this saying you must file your treble damages complaint against the loathesome, pro-landlord DHCR.