No Triple Damages

LVT Number: 12332

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and awarded triple damages based on a finding that the overcharge was willful. Landlord appealed, claiming that the overcharge was a result of a technical error and wasn't willful. The DHCR ruled for landlord. The overcharge occurred because landlord collected more than one guidelines increase in one guidelines period and applied an MCI increase before, rather than after, the guidelines rate increase.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant and awarded triple damages based on a finding that the overcharge was willful. Landlord appealed, claiming that the overcharge was a result of a technical error and wasn't willful. The DHCR ruled for landlord. The overcharge occurred because landlord collected more than one guidelines increase in one guidelines period and applied an MCI increase before, rather than after, the guidelines rate increase. DHCR Policy Statement 89-2 states that hypertechnical errors such as these don't warrant triple damages. The $5,500 overcharge finding was reduced to $2,100.

Schur Mgmt. Co. Ltd.: DHCR Adm. Rev. Dckt. No. FC610333RO (1/13/98) [2-page document]

Downloads

FC610333RO.pdf77.37 KB