Landlord Got Notice of Overcharge Complaint

April 1, 2003

LVT Number: 16476

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a willful rent overcharge. The DHCR ordered landlord to refund $94,000 to tenant, including triple damages. Landlord appealed and lost. The DHCR's decision was based on landlord's failure to answer the complaint. Landlord claimed that it hadn't gotten notice of the matter. But the DHCR's records showed that the agency sent landlord notice of the complaint when it was first filed and again two and a half years later. Landlord didn't respond to either notice on time and didn't adequately explain why.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a willful rent overcharge. The DHCR ordered landlord to refund $94,000 to tenant, including triple damages. Landlord appealed and lost. The DHCR's decision was based on landlord's failure to answer the complaint. Landlord claimed that it hadn't gotten notice of the matter. But the DHCR's records showed that the agency sent landlord notice of the complaint when it was first filed and again two and a half years later. Landlord didn't respond to either notice on time and didn't adequately explain why.

Cape Mgmt. v. DHCR: NYLJ, 3/10/03, p. 18, col. 3 (App. Div.1 Dept.; Nardelli, JP, Andrias, Saxe, Williams, Marlow, JJ)

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