Triple Damages Applied Absent Proof of Judicial Sale

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and imposed triple damages. Landlord appealed and lost. The DRA found that a rent reduction order issued on June 14, 2012, with an effective date of Aug. 1, 2011, froze tenant's rent and barred landlord from increasing tenant's rent until services were restored. Landlord appealed and lost. Landlord disputed the imposition of triple damages, and also claimed that the building had been purchased in a judicial sale, which limited overcharge liability. The DHCR stated that landlord submitted no proof that there had been a mortgage foreclosure action or judicial sale, no proof of any waiver by tenant, and no proof that the overcharge wasn't willful.

City Life NY: DHCR Adm. Rev. Docket No. EO610035RO (8/10/17) [2-pg. doc.]