Tenant Can't Get Punitive Damages

November 1, 1993

LVT Number: 8314

Tenant sued landlord in New York County Supreme Court for rent overcharges. The court ruled for tenant, and awarded him triple damages and punitive damages totalling over $70,000. Landlord appealed. Of this amount, punitive damages in the amount of $5,000 was awarded for overcharges occurring more than two years before tenant started his court action. The appeals court ruled for landlord. The Rent Stabilization Code specifies the measure of damages (triple) and the period of limitations (two years before complaint filed).

Tenant sued landlord in New York County Supreme Court for rent overcharges. The court ruled for tenant, and awarded him triple damages and punitive damages totalling over $70,000. Landlord appealed. Of this amount, punitive damages in the amount of $5,000 was awarded for overcharges occurring more than two years before tenant started his court action. The appeals court ruled for landlord. The Rent Stabilization Code specifies the measure of damages (triple) and the period of limitations (two years before complaint filed). It was improper for the court to go beyond this and award punitive damages.

Wolfisch v. Mailman: 601 NYS2d 300 (8/26/93) (App. Div. 1 Dept.; Carro, JP, Ellerin, Rubin, Nardelli, JJ)

Topics

More like this