Subtenant Gets Triple Damages from Tenant

September 30, 2006

LVT Number: 19157

Subtenant complained of a rent overcharge by rent-stabilized tenant. The DHCR found there was a willful rent overcharge and ordered a refund with triple damages. Tenant appealed and lost. Tenant claimed that the DHCR didn't give him a chance to prove that the overcharge was not willful. However, the Rent Stabilization Code treats landlords and tenants differently on the question of willful rent overcharge. For tenants, Rent Stabilization Code Section 2525.6(b) doesn't require the DHCR to consider willfulness when imposing triple damages.

Subtenant complained of a rent overcharge by rent-stabilized tenant. The DHCR found there was a willful rent overcharge and ordered a refund with triple damages. Tenant appealed and lost. Tenant claimed that the DHCR didn't give him a chance to prove that the overcharge was not willful. However, the Rent Stabilization Code treats landlords and tenants differently on the question of willful rent overcharge. For tenants, Rent Stabilization Code Section 2525.6(b) doesn't require the DHCR to consider willfulness when imposing triple damages.

Gboizo v. DHCR: NYLJ, 9/27/06, p. 22, col. 1 (Sup. Ct. NY; Lehner, J)

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