Landlord Didn't File Initial Registration

May 31, 1996

LVT Number: 10651

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant, finding a willful overcharge and ordering landlord to pay triple damages. Landlord appealed. The appeals court ruled against landlord on the issue of overcharge. Landlord never filed the initial 1984 rent registration for tenant's apartment, never filed any registration forms for subsequent years, and to date had filed no late registration. So the legal rent for tenant's apartment was the last rent-controlled rent. The court ruled for landlord on the issue of triple damages.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant, finding a willful overcharge and ordering landlord to pay triple damages. Landlord appealed. The appeals court ruled against landlord on the issue of overcharge. Landlord never filed the initial 1984 rent registration for tenant's apartment, never filed any registration forms for subsequent years, and to date had filed no late registration. So the legal rent for tenant's apartment was the last rent-controlled rent. The court ruled for landlord on the issue of triple damages. The rent stabilization code barred triple damages when the only ground for an overcharge finding was landlord's failure to register an apartment.

11 Jones St. Assocs. v. Orbach: NYLJ, p. 29, col. 2 (5/3/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

Topics

More like this