Tenant Awarded $21,000 in Nonpayment Proceeding

LVT Number: 8017

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. Tenant submitted DHCR rent registration records showing that prior tenant's 1987 rent was $245; landlord didn't register the apartment in 1988 and charged tenant $550 in 1989. Landlord offered no defense for the overcharge. The court ruled that tenant had been overcharged by $7,000 and that the overcharge was willful. Therefore, the court awarded tenant $21,000.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. Tenant submitted DHCR rent registration records showing that prior tenant's 1987 rent was $245; landlord didn't register the apartment in 1988 and charged tenant $550 in 1989. Landlord offered no defense for the overcharge. The court ruled that tenant had been overcharged by $7,000 and that the overcharge was willful. Therefore, the court awarded tenant $21,000.

57 West Associates v. Cruceta: NYLJ, p. 26, col. 1 (6/16/93) (Civ. Ct. NY; Samuels, J)