Landlord Didn't Register Apartment

April 1, 1996

LVT Number: 10498

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. The court and appeals court ruled against landlord. Landlord didn't register tenant's apartment with the DHCR in 1984 or file a late registration before the DRA's initial order was issued. Landlord also didn't submit a rent history of the apartment to the DHCR in response to tenant's complaint. So it was reasonable for the DHCR to use its default procedures to establish the lawful rent. And since landlord didn't show that the overcharge wasn't willful, it was also reasonable to impose triple damages.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. The court and appeals court ruled against landlord. Landlord didn't register tenant's apartment with the DHCR in 1984 or file a late registration before the DRA's initial order was issued. Landlord also didn't submit a rent history of the apartment to the DHCR in response to tenant's complaint. So it was reasonable for the DHCR to use its default procedures to establish the lawful rent. And since landlord didn't show that the overcharge wasn't willful, it was also reasonable to impose triple damages. The total overcharge refund due tenant was $40,000.

Bauer v. DHCR: NYLJ, p. 27, col. 1 (3/21/96) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Ellerin, Rubin, Williams, JJ)

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