Landlord Must Pay Triple Damages

LVT Number: 15490

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. So the DHCR ordered landlord to pay triple damages. Landlord appealed. The court and appeals court ruled against landlord. Landlord didn't prove that the overcharge wasn't willful or negligent. So the DHCR's decision was reasonable.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. So the DHCR ordered landlord to pay triple damages. Landlord appealed. The court and appeals court ruled against landlord. Landlord didn't prove that the overcharge wasn't willful or negligent. So the DHCR's decision was reasonable.

Mott v. DHCR: NYLJ, 11/6/01, p. 23, col. 4 (App. Div.2 Dept.; Ritter, JP, Florio, Feuerstein, Crane, JJ)