Triple Damages Awarded

July 31, 1997

LVT Number: 11679

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Tenant was awarded triple damages. Landlord appealed, claiming that the triple damage award was arbitrary and capricious. The court ruled for landlord since the DHCR's initial notice of tenant's complaint didn't advise landlord that it was subject to triple damages. The DHCR appealed. The appeals court ruled for the DHCR and reinstated the triple damages.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Tenant was awarded triple damages. Landlord appealed, claiming that the triple damage award was arbitrary and capricious. The court ruled for landlord since the DHCR's initial notice of tenant's complaint didn't advise landlord that it was subject to triple damages. The DHCR appealed. The appeals court ruled for the DHCR and reinstated the triple damages. Landlord received two subsequent notices from the DHCR stating that it was subject to triple damages if it didn't show that the overcharge wasn't willful.

455 Ocean Assocs. v. DHCR: NYLJ, p. 24, col. 4 (7/17/97) (App. Div. 2 Dept.; Rosenblatt, JP, Thompson, Pizzuto, Altman, JJ)

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