Triple Damages Imposed

November 1, 1999

LVT Number: 13660

Tenant complained of a rent overcharge. The DHCR ruled for tenant, found that the overcharge was willful, and imposed triple damages. Landlord appealed and lost. Landlord improperly applied a vacancy increase percentage, didn't submit proof of claimed apartment improvements, and didn't explain other circumstances. For these reasons, landlord didn't show that the overcharge wasn't willful. So the DHCR's decision was reasonable.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, found that the overcharge was willful, and imposed triple damages. Landlord appealed and lost. Landlord improperly applied a vacancy increase percentage, didn't submit proof of claimed apartment improvements, and didn't explain other circumstances. For these reasons, landlord didn't show that the overcharge wasn't willful. So the DHCR's decision was reasonable.

Artnor Realty Co. v. DHCR: NYLJ, p. 23, col. 5 (10/12/99) (App. Div.1 Dept.; Rosenberger, JP, Tom, Mazzarelli, Lerner, Friedman, JJ)

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