No Interest, Attorney's Fees, or Triple Damages to Tenant

December 1, 2000

LVT Number: 14564

Tenant complained of a rent overcharge. The DHCR processed tenant's complaint as a fair market rent appeal, since it concerned the first rent-stabilized rent for the apartment. The DHCR ruled for tenant. Tenant appealed, claiming that she should receive interest, attorney's fees, and triple damages, in addition to the overcharge amount. The court and appeals court ruled against tenant. The DHCR's decision was reasonable, in light of the facts, and correctly applied the law regarding fair market rent appeals.

Tenant complained of a rent overcharge. The DHCR processed tenant's complaint as a fair market rent appeal, since it concerned the first rent-stabilized rent for the apartment. The DHCR ruled for tenant. Tenant appealed, claiming that she should receive interest, attorney's fees, and triple damages, in addition to the overcharge amount. The court and appeals court ruled against tenant. The DHCR's decision was reasonable, in light of the facts, and correctly applied the law regarding fair market rent appeals.

Spohnheimer v. DHCR: NYLJ, 11/16/00, p. 27, col. 1 (App. Div.1 Dept.; Mazzarelli, JP, Lerner, Rubin, Buckley, Friedman, JJ)

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