Tenant Doesn't Get Interest on Refund Amount

November 1, 2002

LVT Number: 16170

Tenant filed a fair market rent appeal. The DRA ruled for tenant. Landlord appealed and lost. Tenant had moved out by the time the DHCR ordered the refund. Two years later, tenant demanded payment of the refund plus interest from the date of the DRA's order. Landlord paid the refund but refused to pay interest. Tenant then sued landlord. The court and appeals court ruled against tenant. Since tenant didn't have to sue landlord to get payment of the refund, she wasn't entitled to interest or attorney's fees.

Tenant filed a fair market rent appeal. The DRA ruled for tenant. Landlord appealed and lost. Tenant had moved out by the time the DHCR ordered the refund. Two years later, tenant demanded payment of the refund plus interest from the date of the DRA's order. Landlord paid the refund but refused to pay interest. Tenant then sued landlord. The court and appeals court ruled against tenant. Since tenant didn't have to sue landlord to get payment of the refund, she wasn't entitled to interest or attorney's fees.

Kaminsky v. Mautner-Glick Corp.: NYLJ, 10/4/02, p. 18, col. 3 (App. Div.1 Dept.; Williams, PJ, Mazzarelli, Sullivan, Rosenberger, Gonzalez, JJ)

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