Triple Damages Awarded

July 31, 1995

LVT Number: 9908

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to pay triple damages, finding that the overcharge was willful. Landlord appealed. The court and appeals court ruled against landlord. The DHCR's decision was neither arbitrary nor capricious. Once the DHCR found an overcharge, it was up to landlord to prove the overcharge wasn't willful. Landlord didn't do so, therefore triple damages were proper.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and ordered landlord to pay triple damages, finding that the overcharge was willful. Landlord appealed. The court and appeals court ruled against landlord. The DHCR's decision was neither arbitrary nor capricious. Once the DHCR found an overcharge, it was up to landlord to prove the overcharge wasn't willful. Landlord didn't do so, therefore triple damages were proper.

Branch v. DHCR: NYLJ, p. 28, col. 4 (7/13/95) (App. Div. 2 Dept.; Rosenblatt, JP, Ritter, Joy, Krausman, JJ)

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