Rent-Controlled Tenant Gets Overcharge Award with Triple Damages
LVT Number: #29974
Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. Tenant pointed to a 1976 DHCR rent reduction order. Landlord argued that the rent reduction order didn't mention tenant's apartment. But the DHCR had denied landlord's application to restore rent in 2009 and stated that the rent reduction order did apply to tenant's apartment. Landlord's PAR of the 2009 order was denied in 2011.
Graham Court Owners Corp. v. Thomas: Index No. 55744/2014, 2019 NY Slip Op 29030 (Cit. Ct. NY; 2/4/19; Stoller, J)