Overcharge Due to Failure to Register

November 1, 1996

LVT Number: 11018

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a willful rent overcharge and assessing triple damages. Landlord appealed, pointing out that most of the overcharge was the result only of landlord's not registering tenant's apartment. The DHCR ruled for landlord, and tenant appealed. The court ruled against tenant. Under the rent stabilization code, triple damages don't apply in that circumstance. The remaining overcharge was only $3.00 per month, which wasn't willful.

Tenant complained of a rent overcharge. The DRA ruled for tenant, finding a willful rent overcharge and assessing triple damages. Landlord appealed, pointing out that most of the overcharge was the result only of landlord's not registering tenant's apartment. The DHCR ruled for landlord, and tenant appealed. The court ruled against tenant. Under the rent stabilization code, triple damages don't apply in that circumstance. The remaining overcharge was only $3.00 per month, which wasn't willful.

Symanski v. DHCR: NYLJ, p. 35, col. 5 (10/23/96) (Sup. Ct. Kings; Kramer, J)

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