TRIPLE DAMAGES DENIED

DHCR Incorrectly Notified Landlord That Building Wasn't Rent Stabilized

March 23, 2015    

Rent-stabilized SRO tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,400 plus triple damages. Landlord appealed and won in part. The building was constructed before...

Triple Damages Revoked Upon Reconsideration by DHCR

January 21, 2015    

(Decision submitted by David B. Cabrera of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., who represented the landlord.)

Fraud Finding Wouldn't Result in Extended Period of Triple Damages

December 22, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,727, including triple damages and interest. Tenant appealed, claiming fraud. She said that triple...

Tenants Can Bring Class Action Based on Unlawful Deregulation and Rent Overcharge

December 18, 2014    

Rent-stabilized tenants in three separate cases sued landlords for reimbursement of rent overcharges and asked that the cases be declared class actions. The court and appeals court ruled for tenants in two cases. In...

No Triple Damages Where Landlord Issued Rent Credit

December 16, 2014    

(Decision submitted by Karen Schwartz-Sidrane of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Rent Frozen by Rent Reduction Order Issued Under Rent Control

November 25, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $56,000, including triple damages. Landlord appealed and won, in part. The overcharge finding resulted...

Landlord Relied on DHCR Interpretation of High-Rent Vacancy Under J-51

November 24, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $38,700, including interest. Tenant appealed and lost. Tenant claimed that the DRA used the wrong base...

No Triple Damages for Overcharge Resulting from Old Rent Reduction Order

November 24, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. There was an outstanding rent reduction order dated Dec. 21, 1990, that was still in effect on the base rent date of July 13, 2005. So...

No Triple Damages Where Overcharge Resulted from Rent Freeze for Failure to Register Rent

November 24, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge based on landlord's failure to register tenant's apartment for certain years. Tenant's rent was...

Landlord Charged First Rent After Base Date Exemption

October 27, 2014    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed and won, in part. The apartment was temporarily exempt on...

Triple Damages Revoked Due to Overcharge Refund

October 22, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $60,000, including triple damages. Landlord appealed that portion of the order that assessed triple...

No Triple Damages Where Overcharge Refunded Before DHCR Ruling

October 22, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,900, including triple damages. Landlord appealed, claiming that there was no willful overcharge. The...