Rent-Controlled Tenant Gets Triple Damages

Facts: New landlord sued to evict tenant from two-family house, claiming she wasn't subject to rent control. Tenant showed that she was rent-controlled. The Office of Rent Control had issued an MBR order in 1971, naming tenant as the apartment occupant. Tenant also claimed a rent overcharge. Landlord then tried to discontinue the case, pointing out that he had stated an incorrect first name for tenant in his petition. Court: Landlord loses. The incorrect name was a minor defect, and landlord seemed to be using this as an excuse to avoid a ruling on the overcharge issue. Tenant's lawful monthly maximum collectible rent (MCR) was $101.96. She was charged $239. Under the rent control law, tenant was entitled to a refund of any overcharge collected in the two years immediately before her claim was raised. Tenant was also entitled to triple damages for willful rent overcharge. Landlord claimed that prior landlord didn't tell him tenant was rent-controlled. But this was no excuse. Landlord should have searched the DHCR's records. Records also showed that prior landlord had acknowledged tenant's rent-controlled status in 1980.

Kabala v. Smigielsky: NYLJ, p. 29, col. 2 (10/18/95) (Civ. Ct. Kings; Rivera, J)