Triple Damages Reduced

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant, finding that there was a willful rent overcharge. Landlord appealed, claiming that there was an error in the order. The DRA applied triple damages not only to that portion of the overcharge collected during the two-year period before tenant filed his complaint but also for a prior one-year period. The DHCR ruled for landlord. For the prior one-year period, the DRA could only add interest to the amount of the overcharge. Triple damages could only go back two years prior to the filing date of the complaint under the rent stabilization law.

Trafalgar Mgmt. Services: DHCR Adm. Rev. Dckt. No. FL510293RO (9/11/98) [3-page document]