Triple Damages Imposed

June 30, 1998

LVT Number: 12474

Tenant complained of a rent overcharge in March 1984. The DRA asked landlord for rent-history records dating back to June 1974. Landlord submitted leases dating back only to 1975. The DRA sent landlord several notices asking for the missing portion of the rent history and finally sent landlord a ''final notice of pending default.'' Landlord never submitted any further rent history. The DRA ruled for tenant and imposed triple damages based on a finding of a willful rent overcharge. Landlord appealed and lost. Landlord appealed again. The court ruled against landlord.

Tenant complained of a rent overcharge in March 1984. The DRA asked landlord for rent-history records dating back to June 1974. Landlord submitted leases dating back only to 1975. The DRA sent landlord several notices asking for the missing portion of the rent history and finally sent landlord a ''final notice of pending default.'' Landlord never submitted any further rent history. The DRA ruled for tenant and imposed triple damages based on a finding of a willful rent overcharge. Landlord appealed and lost. Landlord appealed again. The court ruled against landlord. Since landlord didn't provide a complete rent history, the DHCR was correct in finding that landlord didn't prove that the overcharge wasn't willful.

Flagg Court Realty Co. v. Holland: NYLJ, p. 31, col. 1 (6/10/98) (Sup. Ct. Kings; Belen, J)

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