Landlord Must Refund Overcharge Based on 1987 Rent Reduction Orders

September 27, 2017

LVT Number: #27938

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge based on two 1987 DHCR rent reduction orders that were still in effect. Landlord argued that it had bought the building recently and that, when it became aware of the overcharge, it attempted to compensate tenant. The court ruled for tenant. Tenant was entitled to a money judgment for overcharges collected for the four years between 2012 and 2016, including triple damages. Both sides were directed to calculate the amount due and return to court within 30 days.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge based on two 1987 DHCR rent reduction orders that were still in effect. Landlord argued that it had bought the building recently and that, when it became aware of the overcharge, it attempted to compensate tenant. The court ruled for tenant. Tenant was entitled to a money judgment for overcharges collected for the four years between 2012 and 2016, including triple damages. Both sides were directed to calculate the amount due and return to court within 30 days.

657 Properties, LLC v. Duncan: Index No. L&T96718/2015, NYLJ No. 1202794949744 (Civ. Ct. Kings; 7/28/17; Kuzniewski, J)

Topics

More like this