Landlord Must Pay Triple Damages

May 11, 2012

LVT Number: #24076

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, found the overcharge willful, and ordered landlord to refund triple damages. Landlord appealed and lost. Landlord claimed that there was no willful overcharge because the apartment wasn't tenant's primary residence and therefore was exempt from stabilization. But any agreement to waive the primary residence requirements of the Rent Stabilization Law are void and landlord's agreement with tenant was a clear circumvention of the law.

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant, found the overcharge willful, and ordered landlord to refund triple damages. Landlord appealed and lost. Landlord claimed that there was no willful overcharge because the apartment wasn't tenant's primary residence and therefore was exempt from stabilization. But any agreement to waive the primary residence requirements of the Rent Stabilization Law are void and landlord's agreement with tenant was a clear circumvention of the law.

Second 82nd SM v. DHCR: Index No. 110928/2011, NYLJ No. 1202548783062 (Sup. Ct. NY; 3/26/12; Stallman, J)

Topics

More like this