TRIPLE DAMAGES DENIED

Tenant Rejected Landlord's Refund While Complaint Pending

October 17, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund over $32,000, including triple damages. Landlord appealed, claiming that the overcharge wasn't willful...

No Willful Overcharge Where Attorney Negotiated Initial Rent

September 26, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered a refund that included triple damages. Landlord appealed and won, in part. Tenant was represented by an attorney when she and...

Landlord Refunded Overcharge After Complaint

September 26, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. Landlord appealed and won. Landlord claimed that there was no willful overcharge. It admitted...

Landlord Ordered to Refund $93,000 Overcharge

September 26, 2014    

Rent-stabilized tenant sued landlord in December 2008 for rent overcharge. A prior landlord had sold the building in 1998 and, by agreement, received a rent-stabilized lease for the apartment at a lifetime rent of $...

No Triple Damages for Collection of IAI Increase

September 25, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and ordered landlord to refund $4,900 plus triple damages. Landlord appealed and won, in part. Landlord performed individual apartment...

No Willful Overcharge for Deemed Renewal Lease Increase

September 23, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRO ruled against tenant, who appealed and won. The DHCR ordered landlord to refund $6,080, including triple damages. Landlord sought reconsideration of the...

Landlord Waived Flat Rate Renewal Increase Under RGBO 41

September 23, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $605, including triple damages. Landlord appealed and won, in part. Landlord had charged tenant a 6...

No Triple Damages for Collection of Forfeited MCI Increase

May 19, 2014    

Rent-stabilized tenant complained of willful rent overcharge. The DRA ruled against tenant, who appealed and lost. Previously, the DHCR granted landlord's application for an MCI rent hike, made effective March 1...

No Triple Damages Where Landlord Made Apartment Improvements

February 19, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $161,644, including triple damages. Landlord appealed and won, in part. The DRA had disallowed any rent...

Triple Damages Revoked Based on Landlord's Good-Faith Belief of Legal Rent

February 19, 2014    

Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 court appeal, and the case was sent back for reconsideration. The DHCR then ruled for landlord, in part,...

Triple Damages Revoked Upon DHCR Reconsideration

February 19, 2014    

Tenant complained of rent overcharge. Landlord claimed that tenant's apartment was deregulated by a prior high-rent vacancy. The DHCR ruled for tenant, found she was rent stabilized, and ordered landlord to...

No Triple Damages Against Tenant Who Overcharged Roommate

October 11, 2013    

Roommate of rent-stabilized tenant filed a rent overcharge complaint with the DHCR, claiming that he paid more than his proportionate share of the legal regulated rent. The DRA ruled for roommate and ordered tenant...