Landlord Never Refunded Overcharge

Facts: In 1983, the CAB ruled that tenant's legal rent was $850 and ordered landlord to give tenant a renewal lease. In 1984, the CAB found there was a rent overcharge and ordered landlord to refund $13,500 to tenant. Landlord never refunded the overcharge, and didn't give tenant the renewal lease until many years later. Landlord refused to accept rent payments from tenant. Years later, landlord sued tenant for back rent, going back to 1983. Court: Landlord loses. Landlord hadn't paid back the rent overcharge. If the amount owed had gained interest in a bank account, it would have now been worth $51,000. Landlord also had brought frivolous lawsuits against tenant. These would have been unnecessary if landlord had given tenant the renewal lease as directed, returned the excess security deposit, and refunded the rent overcharge.

Haberman v. Singer: NYLJ, 7/17/02, p. 18, col. 3 (Sup. Ct. NY; Gans, J)