DHCR Properly Imposed Triple Damages

March 1, 2004

LVT Number: 17177

Tenant complained of a rent overcharge. The DHCR ruled for tenant and imposed triple damages for a willful overcharge. Landlord appealed, claiming no willful overcharge and that the DHCR improperly considered a rent reduction order that was more than four years old. The court and appeals court ruled against landlord. The DHCR's decision was reasonable. Triple damages were properly imposed. And the DHCR properly considered a prior rent reduction order in deciding the case. The rent reduction order was issued more than four years before tenant filed his complaint.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and imposed triple damages for a willful overcharge. Landlord appealed, claiming no willful overcharge and that the DHCR improperly considered a rent reduction order that was more than four years old. The court and appeals court ruled against landlord. The DHCR's decision was reasonable. Triple damages were properly imposed. And the DHCR properly considered a prior rent reduction order in deciding the case. The rent reduction order was issued more than four years before tenant filed his complaint. But it was still in effect on the four-year base date.

Condo Units, LP v. DHCR: NYLJ, 2/17/04, p. 30, col. 4 (App. Div. 2 Dept.; Ritter, JP, Miller, Adams, Cozier, JJ)

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