No Triple Damages Where Rent Based on Prior DHCR Orders

March 9, 2012

LVT Number: #23979

Rent-controlled tenant complained of a rent overcharge. The court ruled for tenant and ordered landlord to refund the overcharge. The court denied tenant's request for triple damages and attorney's fees. Tenant appealed and lost. Landlord collected the rent in question in accordance with then-valid DHCR orders authorizing an increase in tenant's maximum base rent. Later these orders were revoked and the resulting overcharge was refunded. The overcharge wasn't willful.

Rent-controlled tenant complained of a rent overcharge. The court ruled for tenant and ordered landlord to refund the overcharge. The court denied tenant's request for triple damages and attorney's fees. Tenant appealed and lost. Landlord collected the rent in question in accordance with then-valid DHCR orders authorizing an increase in tenant's maximum base rent. Later these orders were revoked and the resulting overcharge was refunded. The overcharge wasn't willful.

Romanoff v. Extell Belnord LLC: NYLJ, 2/22/12, p. 27, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Torres, Hunter Jr., JJ)

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