Triple Damages Applied to Rent Overcharge Determination

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant and froze her base date rent based on a pre-base date rent reduction order that was still in effect. The DHCR also ordered landlord to refund the overcharge with triple damages. Landlord filed an Article 78 appeal and claimed that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. In Cintron v. Calogero, New York's highest court had ruled in 2010 that the DHCR could apply a pre-base date rent reduction order to determine the legal base date rent even if the order hadn't previously been enforced. A later 2016 Queens County court decision in Napa Partners LLP v. DHCR wasn't binding on the New York County court deciding this case and, in any event, had been reversed on appeal in 2018.

Perspolis Realty LLC v. DHCR: 59 Misc.3d 1234(A), 2018 NY Slip Op 50887(U) (Sup. Ct. NY; 6/12/18; St. George, J)