Landlord Didn't Submit Rent History

June 30, 1997

LVT Number: 11605

Tenant complained of a rent overcharge. The DHCR found that landlord had collected a willful rent overcharge. Landlord appealed. The court and appeals court ruled against landlord. Landlord didn't submit a believable rent history to the DHCR although given sufficient chance to do so. So it was reasonable for the DHCR to use a default formula to set tenant's lawful rent. Landlord also didn't show that the overcharge wasn't willful. Therefore, triple damages were justified.

Tenant complained of a rent overcharge. The DHCR found that landlord had collected a willful rent overcharge. Landlord appealed. The court and appeals court ruled against landlord. Landlord didn't submit a believable rent history to the DHCR although given sufficient chance to do so. So it was reasonable for the DHCR to use a default formula to set tenant's lawful rent. Landlord also didn't show that the overcharge wasn't willful. Therefore, triple damages were justified.

Herman v. DHCR: NYLJ, p. 26, col. 1 (6/2/97) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Rubin, Williams, Andrias, JJ)

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