Tenant Awarded $17,000 in Overcharges in Nonpayment Case

December 1, 1996

LVT Number: 11095

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The DHCR had issued a rent reduction order in 1988, apparently based on reduction in services, reducing tenant's monthly rent to $260. Landlord continued to demand and collect from tenant a higher rent, and increased rent with each lease renewal. While landlord admitted doing so, it claimed there was no willful overcharge. Court: Tenant wins. Landlord deliberately violated a DHCR order and willfully overcharged tenant.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The DHCR had issued a rent reduction order in 1988, apparently based on reduction in services, reducing tenant's monthly rent to $260. Landlord continued to demand and collect from tenant a higher rent, and increased rent with each lease renewal. While landlord admitted doing so, it claimed there was no willful overcharge. Court: Tenant wins. Landlord deliberately violated a DHCR order and willfully overcharged tenant. Under the circumstances, tenant could get triple damages for the full seven years of the rent overcharge. The total overcharge refund due tenant was $17,000.

919 Realty Corp. v. Wright: NYLJ, p. 34, col. 5 (11/13/96) (Civ. Ct. Kings; Lau, J)

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