Triple Damages Correctly Applied to Rent Overcharge

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and denied landlord's PAR. Landlord then filed an Article 78 court appeal of the DHCR's decision. The court ruled against landlord. The DHCR properly calculated the overcharge. Landlord also argued that the DHCR incorrectly imposed triple damages and that, due to prolonged litigation of the case, landlord wasn't at fault for failing to register tenant's apartment for eight years. But the overcharges here weren't caused solely by landlord's failure to register the apartment and the freezing of the rent. Landlord was charging more than the legal regulated rent regardless of the freeze. So the DHCR correctly imposed triple damages.

W. 122 LLC v. DHCR: Index No. 158634/2020, 2021 NY Slip Op 41782(U)(Sup. Ct. NY; 526/21; Edmead, J)