No Triple Damages Awarded

August 31, 1993

LVT Number: 8160

Tenant complained of a rent overcharge. The DRA found a willful overcharge and ruled for tenant. Landlord appealed, and the DHCR revoked the part of the DRA's order giving tenant triple damages. Tenant then appealed, claiming that the DHCR's decision was arbitrary and an abuse of discretion. Tenant claimed that he should get triple damages. The court ruled against tenant. Prior landlord had made apartment improvements. Tenant admitted they were worth a rent increase to $650 or $700 per month.

Tenant complained of a rent overcharge. The DRA found a willful overcharge and ruled for tenant. Landlord appealed, and the DHCR revoked the part of the DRA's order giving tenant triple damages. Tenant then appealed, claiming that the DHCR's decision was arbitrary and an abuse of discretion. Tenant claimed that he should get triple damages. The court ruled against tenant. Prior landlord had made apartment improvements. Tenant admitted they were worth a rent increase to $650 or $700 per month. Landlord charged $800, and the only reason the DHCR found an overcharge was because new landlord couldn't fully document the cost of the improvements. The DHCR's decision was fair, not arbitrary.

Matter of Marshall: NYLJ, p. 23, col. 3 (8/11/93) (Sup. Ct. Kings; Shaw, J)

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