Rent Overcharge Based on Rent Reduction Order Found Willful

LVT Number: #28285

Tenant sued landlord for rent overcharge, claiming that landlord collected full rent while a 1993 DHCR rent reduction order was in effect. Landlord pointed out that the DHCR issued a rent restoration order in 2015 and claimed that he didn't know about the rent reduction order until 2013. The court ruled for tenant and found that the overcharge was willful since landlord didn't reduce tenant's rent after discovering the rent reduction order in 2013. Triple damages were awarded going back two years before tenant filed his complaint.

Tenant sued landlord for rent overcharge, claiming that landlord collected full rent while a 1993 DHCR rent reduction order was in effect. Landlord pointed out that the DHCR issued a rent restoration order in 2015 and claimed that he didn't know about the rent reduction order until 2013. The court ruled for tenant and found that the overcharge was willful since landlord didn't reduce tenant's rent after discovering the rent reduction order in 2013. Triple damages were awarded going back two years before tenant filed his complaint.

Champagne v. Piller: Index No. 505268/16, NYLJ No. 1517217739 (Sup. Ct. Kings; 1/21/18; Wade, J)