Landlord Proved Overcharge Not Willful

(Decision submitted by Dena C. Mangini of the Queens law firm of Horing Welikson & Bienstock, P.C., attorneys for the landlord.) complained of a rent overcharge. The DHCR ruled for tenant based on landlord's failure to submit a complete rent history and found that the overcharge was willful. Landlord appealed. The court sent the case back to the DHCR for further processing. The DHCR again ruled against landlord, and landlord appealed again. The court ruled for landlord, finding that the overcharge wasn't willful. Landlord bought the building in 1981. Tenant's complaint was filed in March 1984. Although landlord didn't submit a complete rent history, it did submit two prior leases and a letter from tenant acknowledging that certain apartment improvements were made. Landlord's calculations tended to show the rent was charged on a good-faith basis and with lack of willfulness.

C&G Realty v. DHCR: Index No. 3633/97 (5/8/97) (Civ. Ct. Kings; Shaw, J) [5-page document]