Landlord Didn't Refund Overcharge

April 1, 1993

LVT Number: 6876

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a willful rent overcharge and imposing triple damages. Landlord appealed, claiming it didn't get formal notice of the possible imposition of triple damages. The court dismissed landlord's appeal. Landlord admitted the overcharge some time after tenant filed his complaint, but never followed through on its promise to DHCR to refund the money to tenant. So, the DHCR reasonably found that landlord had reason to know that it was overcharging tenant.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a willful rent overcharge and imposing triple damages. Landlord appealed, claiming it didn't get formal notice of the possible imposition of triple damages. The court dismissed landlord's appeal. Landlord admitted the overcharge some time after tenant filed his complaint, but never followed through on its promise to DHCR to refund the money to tenant. So, the DHCR reasonably found that landlord had reason to know that it was overcharging tenant. And the issue of triple damages had been raised in tenant's complaint, even if landlord didn't get a formal notice of this possibility.

Matter of Argo Corp.: NYLJ, p. 25, col. 5 (3/25/93) (App. Div. 1 Dept.; Murphy, PJ, Carro, Rosenberger, Ross, JJ)

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