Triple Damages Properly Awarded

September 30, 1993

LVT Number: 8248

Tenant complained of a rent overcharge. The DHCR ruled for tenant. The DHCR found that the overcharge was willful, and awarded triple damages. Landlord appealed; the court ruled against landlord, and landlord appealed again. The appeals court found that the award was proper. Landlord hadn't submitted a response to tenant's DHCR complaint. Landlord claimed that tenant had signed a settlement in 1981, waiving rent-stabilization protection. But this settlement wasn't approved by the DHCR or any court, and was invalid anyway. Tenant can't waive his rights under rent stabilization.

Tenant complained of a rent overcharge. The DHCR ruled for tenant. The DHCR found that the overcharge was willful, and awarded triple damages. Landlord appealed; the court ruled against landlord, and landlord appealed again. The appeals court found that the award was proper. Landlord hadn't submitted a response to tenant's DHCR complaint. Landlord claimed that tenant had signed a settlement in 1981, waiving rent-stabilization protection. But this settlement wasn't approved by the DHCR or any court, and was invalid anyway. Tenant can't waive his rights under rent stabilization.

In re 430 Realty Corp.: NYLJ, p. 21, col. 2 (9/23/93) (App. Div. 1 Dept.; Murphy, PJ, Wallach, Kupferman, Ross, JJ)

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