Tenant Gets Attorney's Fees in Overcharge Proceeding

Rent-stabilized tenant complained of rent overcharge in 2008. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Tenant appealed, claiming that there was further overcharge because landlord had ignored a 2004 rent reduction order. The DHCR ruled for tenant, recalculated the overcharge, again assessed triple damages, and also awarded attorney's fees to tenant. Landlord filed an Article 78 appeal, claiming that the DHCR's decision was made in violation of lawful procedure, was affected by an error of law, was arbitrary and capricious, or an abuse of discretion. The court and appeals court ruled against landlord. The DHCR properly relied on the rent reduction order to determine the rent overcharge. And the awards for triple damages and attorney's fees were reasonable.

JP & Associates Corp. v. DHCR: 2014 NY Slip Op 7664, 2014 WL 5836955 (App. Div. 2 Dept.; 11/12/14; Dillon, JP, Balkin, Cohen, Barros, JJ)