No Triple Damages When Tenant Acknowledged Improvements

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. Landlord claimed it had made apartment improvements that warranted a 1/40th rent increase over the prior tenant's rent. The DRA ruled against landlord since landlord couldn't produce sufficient proof of the cost of the improvements. The DRA found that there was a willful rent overcharge and awarded triple damages. Landlord appealed. The DHCR ruled for landlord in part. Tenant had acknowledged that landlord made the apartment improvements. So that portion of the DRA's order finding that there was a willful overcharge was revoked.

Kingswood Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. FE110121RO (1/15/99) [5-pg. doc.]