Triple Damages Revoked

LVT Number: 10653

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and found a willful overcharge. Landlord was ordered to pay tenant triple damages. Landlord appealed. The DHCR ruled for landlord. Landlord hadn't filed an RR-1 form registering the initial April 1, 1984, rent. But that rent was set by HPD under a building financing program. So even if tenant had objected to the initial rent registration, the 1984 rent was lawful.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and found a willful overcharge. Landlord was ordered to pay tenant triple damages. Landlord appealed. The DHCR ruled for landlord. Landlord hadn't filed an RR-1 form registering the initial April 1, 1984, rent. But that rent was set by HPD under a building financing program. So even if tenant had objected to the initial rent registration, the 1984 rent was lawful. A subsequent overcharge resulted only from landlord's failure to register a preferential rent charged to prior tenant. Landlord therefore waived its right to charge a new rent, calculated on a higher base rent, to tenant. The DHCR revoked the triple damages.

Foster Apartment Group: DHCR Adm. Rev. Dckt. No. HJ210056RO (3/18/96) [5-page document]

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