New Landlord Responsible for Willful Rent Overcharge

LVT Number: #19553

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $11,000, including triple damages for willful rent overcharge. New landlord appealed, claiming that it was an error to impose triple damages in the absence of any collusion with prior landlord. The DHCR ruled against landlord. Landlord didn't submit any proof to the DRA indicating that there was no willful overcharge. In fact, after buying the building, new landlord sought to collect the overcharge rent amount from tenant for several months.

Tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $11,000, including triple damages for willful rent overcharge. New landlord appealed, claiming that it was an error to impose triple damages in the absence of any collusion with prior landlord. The DHCR ruled against landlord. Landlord didn't submit any proof to the DRA indicating that there was no willful overcharge. In fact, after buying the building, new landlord sought to collect the overcharge rent amount from tenant for several months.

Watson-Saxon: DHCR Adm. Rev. Docket No. UK210005RO (1/16/07) [2-pg. doc.]

Downloads

UK 210005-RO.pdf77.39 KB