No Triple Damages to Tenant

January 1, 2001

LVT Number: 14635

Tenant complained that the first rent-stabilized rent for the apartment was excessive. The DHCR ruled for tenant and ordered landlord to refund $16,000. Tenant then sought to enforce the DHCR order as a judgment. The court ruled for tenant and added triple damages to the refund amount. Landlord asked the court to revoke the triple damages. The court ruled for landlord. Tenant appealed and lost. Tenant's complaint was a fair market rent appeal, not a rent overcharge. Under the applicable section of the Rent Stabilization Code, triple damages don't apply to fair market rent appeals.

Tenant complained that the first rent-stabilized rent for the apartment was excessive. The DHCR ruled for tenant and ordered landlord to refund $16,000. Tenant then sought to enforce the DHCR order as a judgment. The court ruled for tenant and added triple damages to the refund amount. Landlord asked the court to revoke the triple damages. The court ruled for landlord. Tenant appealed and lost. Tenant's complaint was a fair market rent appeal, not a rent overcharge. Under the applicable section of the Rent Stabilization Code, triple damages don't apply to fair market rent appeals.

Mendelson v. Empire Assocs. Realty Co. Assn.: NYLJ, 12/11/00, p. 23, col. 6 (App. Div.1 Dept.; Rosenberger, JP, Williams, Andrias, Buckley, Friedman, JJ)

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