Landlord Must Pay Triple Damages

April 1, 1993

LVT Number: 6874

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and imposed triple damages for a willful overcharge. Landlord appealed. The court found that the DHCR's decision was reasonable and dismissed landlord's appeal. Landlord didn't prove that the rent overcharge wasn't willful. So, under the rent stabilization code, triple damages were properly imposed. Landlord also got notices setting forth procedures and penalties and an opportunity to be heard.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and imposed triple damages for a willful overcharge. Landlord appealed. The court found that the DHCR's decision was reasonable and dismissed landlord's appeal. Landlord didn't prove that the rent overcharge wasn't willful. So, under the rent stabilization code, triple damages were properly imposed. Landlord also got notices setting forth procedures and penalties and an opportunity to be heard.

Gattiboni v. Aponte: 592 NYS2d 1 (12/29/92) (App. Div. 1 Dept.; Sullivan, JP, Wallach, Ross, Asch, JJ).

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