Triple Damages Imposed

May 31, 2000

LVT Number: 14169

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed, claiming that tenant had voluntarily withdrawn his complaint. The court ruled against landlord. There was no proof submitted to the DHCR to support landlord's claim. And since landlord didn't prove that the overcharge wasn't willful, the DHCR properly imposed triple damages.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed, claiming that tenant had voluntarily withdrawn his complaint. The court ruled against landlord. There was no proof submitted to the DHCR to support landlord's claim. And since landlord didn't prove that the overcharge wasn't willful, the DHCR properly imposed triple damages.

Polise Realty Corp. v. Roldan: NYLJ, 5/31/00, p. 30, col. 1 (Sup. Ct. Queens; LaTorella, J)

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