Triple Damages Properly Awarded to Tenant

May 31, 1997

LVT Number: 11535

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed, claiming there was no willful overcharge. Landlord claimed that triple damages shouldn't have been imposed merely for not properly registering the apartment. The court and appeals court ruled against landlord. Landlord improperly charged tenant a rent increase that included the costs for repairs and other work that didn't qualify as individual apartment improvements for which a ``1/40th'' increase could be collected.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed, claiming there was no willful overcharge. Landlord claimed that triple damages shouldn't have been imposed merely for not properly registering the apartment. The court and appeals court ruled against landlord. Landlord improperly charged tenant a rent increase that included the costs for repairs and other work that didn't qualify as individual apartment improvements for which a ``1/40th'' increase could be collected. And landlord's error in continuing to collect certain temporary rent increases beyond the time limit wasn't a hypertechnical or minor error. Triple damages for a willful rent overcharge were properly applied for these reasons.

Pandora Enterprises v. DHCR: NYLJ, p. 30, col. 1 (5/13/97) (App. Div. 2 Dept.; Rosenblatt, JP, Sullivan, Pizzuto, Friedmann, JJ)

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