No Triple Damages Awarded

September 30, 1997

LVT Number: 11814

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed. The court ruled against landlord, and landlord appealed again. The appeals court ruled for landlord in part, revoking that portion of the DHCR's order that assessed triple damages. Landlord's erroneous rent computations weren't willful within the meaning of the Rent Stabilization Code and so didn't warrant triple damages.

Tenant complained of a rent overcharge. The DHCR ruled for tenant and found that the overcharge was willful. Landlord appealed. The court ruled against landlord, and landlord appealed again. The appeals court ruled for landlord in part, revoking that portion of the DHCR's order that assessed triple damages. Landlord's erroneous rent computations weren't willful within the meaning of the Rent Stabilization Code and so didn't warrant triple damages.

789 St. Marks Realty Corp. v. DHCR: NYLJ, p. 33, col. 1 (9/26/97) (App. Div. 2 Dept.; Rosenblatt, JP, Sullivan, Pizzuto, Friedman, JJ)

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