No Triple Damages if Landlord Files Late Initial Registration

February 1, 1995

LVT Number: 9457

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to rule for her without a trial. She claimed that she'd been overcharged because landlord didn't register the apartment until November 1994, and asked for triple damages. Landlord argued that it was protected from triple damages for not filing an initial apartment registration, based on a change in the law. Tenant claimed that landlord's late registration didn't negate the overcharge because she was the first rent-stabilized tenant of the apartment. The court refused tenant's request for a ruling without a trial.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to rule for her without a trial. She claimed that she'd been overcharged because landlord didn't register the apartment until November 1994, and asked for triple damages. Landlord argued that it was protected from triple damages for not filing an initial apartment registration, based on a change in the law. Tenant claimed that landlord's late registration didn't negate the overcharge because she was the first rent-stabilized tenant of the apartment. The court refused tenant's request for a ruling without a trial. Landlord isn't liable for triple damages because it filed a late registration. But tenant can file a fair market rent appeal with the DHCR because she's the first rent-stabilized tenant and never got the initial apartment registration.

20 Equities, Inc. v. Blount: NYLJ, p. 29, col. 2 (1/18/95) (Civ. Ct. NY; Malatzky, J)

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