Rent Overcharge of $120,000 Resulted from Landlord's Fraud

June 25, 2018

LVT Number: #28456

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had fraudulently set tenant's vacancy rent in 2008, based on a prior fictitious legal rent. The court ruled for tenant, found that the legal base date rent was $549, that the overcharge was willful, and that there was a total overcharge with triple damages of nearly $120,000.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had fraudulently set tenant's vacancy rent in 2008, based on a prior fictitious legal rent. The court ruled for tenant, found that the legal base date rent was $549, that the overcharge was willful, and that there was a total overcharge with triple damages of nearly $120,000.

EMO Realty Partners v. Herrera: Index No. 51346/15, NYLJ No. 1526107866 (Civ. Ct. NY; 3/26/18; Schneider, J)

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