Complaint Converted to Fair Market Rent Appeal
LVT Number: 15839
Tenant complained of a rent overcharge. The DHCR converted tenant's complaint to a fair market rent appeal and ruled for tenant. Tenant appealed, claiming that he should get triple damages for the rent overcharge, and that current landlord should be liable for it. The court and appeals court ruled against tenant. The DHCR's decision to treat tenant's complaint as a fair market rent appeal was reasonable. Triple damages don't apply to fair market rent appeals. And since current landlord had no notice of the case, it wasn't liable for any overcharge.
Schnall v. Lynch: NYLJ, 5/16/02, p. 19, col. 3 (App. Div.1 Dept.; Andrias, JP, Rosenberger, Wallach, Rubin, Friedman, JJ)