Tenant Gets Prejudgment Interest

February 1, 1995

LVT Number: 9465

The DHCR found that tenant had been overcharged in the amount of $10,615.91. Tenant entered the DHCR's order in court as a judgment against landlord. Tenant then asked the court to add prejudgment interest of about $7,300 to the amount landlord owed him. The court ruled for tenant, awarding interest for the period from the DHCR's overcharge order to the entry of judgment of that order. Landlord appealed and lost. Rent Stabilization Code Section 2526.1(e) states that prejudgment interest is available for administrative agency rulings.

The DHCR found that tenant had been overcharged in the amount of $10,615.91. Tenant entered the DHCR's order in court as a judgment against landlord. Tenant then asked the court to add prejudgment interest of about $7,300 to the amount landlord owed him. The court ruled for tenant, awarding interest for the period from the DHCR's overcharge order to the entry of judgment of that order. Landlord appealed and lost. Rent Stabilization Code Section 2526.1(e) states that prejudgment interest is available for administrative agency rulings. So, tenant is entitled to interest on the overcharge amount from the date the DHCR made the overcharge ruling until the date tenant entered the DHCR's order as a judgment.

Abend v. Argo Corp.: 617 NYS2d 726 (10/27/94) (App. Div. 1 Dept.; Sullivan, JP, Ross, Asch, Rubin, JJ)

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