DHCR Must Recalculate Overcharge Amount

December 1, 1996

LVT Number: 11094

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a willful rent overcharge and imposing triple damages. Landlord appealed, claiming there were calculation errors in the DHCR's order. The court ruled against landlord, and landlord appealed again. The appeals court ruled for landlord and sent the case back to the DHCR. The rent stabilization code states that overcharges can be calculated for up to four years before the date tenant's complaint was filed. Tenant's complaint was filed in September 1988.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a willful rent overcharge and imposing triple damages. Landlord appealed, claiming there were calculation errors in the DHCR's order. The court ruled against landlord, and landlord appealed again. The appeals court ruled for landlord and sent the case back to the DHCR. The rent stabilization code states that overcharges can be calculated for up to four years before the date tenant's complaint was filed. Tenant's complaint was filed in September 1988. So the DHCR erred in calculating overcharges for a period prior to September 1984.

Gandler v. Halperin: NYLJ, p. 31, col. 1 (11/1/96) (App. Div. 2 Dept.; O'Brien, JP, Thompson, Joy, Goldstein, JJ)

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