No Triple Damages to Tenant

March 1, 2003

LVT Number: 16406

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Tenant sued landlord for a rent overcharge. The court ruled for tenant and then held a hearing on whether tenant was entitled to triple damages. The court ruled that the overcharge wasn't willful. It was based on landlord's understanding of the law at the time. The apartment had been temporarily exempt before tenant moved in, and landlord believed it was entitled to set a first rent. So tenant wasn't entitled to triple damages.

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Tenant sued landlord for a rent overcharge. The court ruled for tenant and then held a hearing on whether tenant was entitled to triple damages. The court ruled that the overcharge wasn't willful. It was based on landlord's understanding of the law at the time. The apartment had been temporarily exempt before tenant moved in, and landlord believed it was entitled to set a first rent. So tenant wasn't entitled to triple damages. The court did award tenant attorney's fees but ruled that tenant wasn't entitled to interest on the amount of the fees.

Negron v. Goldman: Index No. 447TSN/97 (Civ. Ct. NY 1/10/03; Kern, J) [15-pg. doc.]

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