Triple Damages Awarded

May 31, 1999

LVT Number: 13289

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. So landlord was ordered to refund the overcharge with triple damages. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. The burden was on landlord to prove that the overcharge wasn't willful, and landlord didn't meet that burden. Landlord also claimed that certain apartment improvements had been made but didn't submit proof for those items. So a rent increase was properly disallowed.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. So landlord was ordered to refund the overcharge with triple damages. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. The burden was on landlord to prove that the overcharge wasn't willful, and landlord didn't meet that burden. Landlord also claimed that certain apartment improvements had been made but didn't submit proof for those items. So a rent increase was properly disallowed.

Maya Realty Assocs. v. Holland: NYLJ, p. 29, col. 6 (5/11/99) (App. Div. 2 Dept.; Bracken, JP, Thompson, Joy, Luciano, JJ)

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