No Triple Damages Where Landlord Tried to Resolve Overcharge Complaint

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord and dismissed its PAR. Landlord was ordered to refund overcharges to tenant. No willful overcharge was found. When landlord didn't pay tenant, tenant sued landlord to recover the refund. Tenant now claimed landlord had willfully overcharged him by not refunding the overcharge. The court ruled against tenant. Landlord explained that it contacted tenant after the DHCR order was issued. Landlord offered to sell tenant the co-op apartment he lived in at a discount in place of refunding the overcharge. Landlord claimed that tenant never responded to the offer. Tenant admitted the offer was made, but claimed he rejected it. But, tenant didn't do this in writing. Instead, he sued landlord. Landlord's not paying the rent overcharge in this case wasn't willful in light of the circumstances.

Paolella v. Park Lane East Holding Co.: NYLJ, p. 27, col. 3 (3/17/94) (Civ. Ct. Kings; Dowling, J)