No Interest to Tenants on Overcharge Award

August 31, 2003

LVT Number: 16816

Landlord sued to evict tenants for nonpayment of rent. Tenants counterclaimed for rent overcharge. The court ruled for tenants but awarded no interest on the overcharge amount. Tenants appealed and lost. Prejudgment interest is permitted by law on an overcharge awarded and docketed as a judgment. But tenants chose to recover the overcharge by deducting it from rent due. So no judgment could be entered, and no interest applied.

Landlord sued to evict tenants for nonpayment of rent. Tenants counterclaimed for rent overcharge. The court ruled for tenants but awarded no interest on the overcharge amount. Tenants appealed and lost. Prejudgment interest is permitted by law on an overcharge awarded and docketed as a judgment. But tenants chose to recover the overcharge by deducting it from rent due. So no judgment could be entered, and no interest applied.

120 E. 34th St. Co. LLC v. Quick: NYLJ, 8/5/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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