Tenant Wins Triple Damages Against New Landlord

Tenant complained of a rent overcharge. New landlord didn't have a full rent history. The DHCR ruled for tenant, based on landlord's default. The DHCR found there was a willful rent overcharge and awarded tenant triple damages. Landlord appealed, claiming the DHCR's ruling was unfair. The appeals court ruled against landlord. Landlord didn't get a full rental history when it bought the building. This didn't excuse landlord's default---even though landlord had already sued prior owner to try to get rent history records. Landlord also must have known from its own rent rolls that tenant's rent was nearly double that of similar apartments in the same line in the building. This showed a willful overcharge. And tenant didn't waive his right to file a rent overcharge complaint in a prior court settlement of a nonpayment case.

Matter of 4947 Associates vs. DHCR: NYLJ, p. 32, col. 6 (12/23/93) (App. Div. 1 Dept.; Sullivan, JP, Kupferman, Asch, Rubin, JJ)