Tenant Gets Interest on Overcharge

April 30, 1995

LVT Number: 9689

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The trial court ruled for tenant. The court found the overcharge to be willful and awarded triple damages. Landlord appealed, claiming there was no willful overcharge. The appeals court ruled for landlord and revoked the triple damages. But since there were no triple damages, tenant was entitled to interest on the amount of the overcharge.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The trial court ruled for tenant. The court found the overcharge to be willful and awarded triple damages. Landlord appealed, claiming there was no willful overcharge. The appeals court ruled for landlord and revoked the triple damages. But since there were no triple damages, tenant was entitled to interest on the amount of the overcharge.

Roker Realty Corp. v. Gross: NYLJ, p. 25, col. 1 (4/26/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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