DHCR Correctly Found Overcharge Was Willful and Imposed Triple Damages
LVT Number: #29788
Rent-stabilized tenant complained of rent overcharge. The DHCR ruled for tenant. Landlord filed an Article 78 appeal, and the court sent the case back to the DHCR for reconsideration. The DHCR appealed and won. The appeals court found that the DHCR correctly calculated the legal regulated rent by taking the base rent from four years before tenant filed the overcharge complaint and then adding all subsequent lawful rent increases. Landlord's rent registration statements recorded the actual amount of rent charged to tenant and weren't based on fraudulent leases.
Enriquez v. DHCR: 166 A.D.3d 404, 2018 NY Slip Op 07353 (App. Div. 1 Dept.; 11/1/18; Renwick, JP, Richter, Manzanet-Daniels, Gische, Tom, JJ)