No Triple Damages

May 31, 2002

LVT Number: 15881

Tenant complained of a rent overcharge. The DHCR ruled for tenant, found that the overcharge was willful, and imposed triple damages. Landlord appealed, claiming that the triple damages were unreasonable. The court ruled against landlord, and landlord appealed again. The appeals court ruled for landlord. The DHCR didn't consider a settlement between landlord and tenant of a prior overcharge claim, which the DHCR had approved. So it was unreasonable to find there was a willful overcharge.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, found that the overcharge was willful, and imposed triple damages. Landlord appealed, claiming that the triple damages were unreasonable. The court ruled against landlord, and landlord appealed again. The appeals court ruled for landlord. The DHCR didn't consider a settlement between landlord and tenant of a prior overcharge claim, which the DHCR had approved. So it was unreasonable to find there was a willful overcharge.

Marciano v. Roldan: NYLJ, 5/20/02, p. 31, col. 5 (App. Div.2 Dept.; Goldstein, JP, Friedmann, McGinity, Miller, JJ)

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