Triple Damages Awarded Against Landlord Who Didn't Submit Rent History

June 30, 2004

LVT Number: 17446

Tenant complained of a rent overcharge. The DRA ruled for tenant and directed landlord to refund $11,000, including interest but no triple damages. Tenant appealed, claiming that landlord didn't prove that the overcharge wasn't willful. The DHCR ruled for tenant and imposed triple damages. Landlord appealed, arguing that the DHCR's decision was unreasonable. The court ruled for landlord, and the DHCR appealed. The appeals court ruled for the DHCR. Triple damages were properly awarded because landlord didn't submit the rent history for tenant's apartment.

Tenant complained of a rent overcharge. The DRA ruled for tenant and directed landlord to refund $11,000, including interest but no triple damages. Tenant appealed, claiming that landlord didn't prove that the overcharge wasn't willful. The DHCR ruled for tenant and imposed triple damages. Landlord appealed, arguing that the DHCR's decision was unreasonable. The court ruled for landlord, and the DHCR appealed. The appeals court ruled for the DHCR. Triple damages were properly awarded because landlord didn't submit the rent history for tenant's apartment.

Tockwotten Assocs. LLC v. DHCR: NYLJ, 6/1/04, p. 26, col. 1 (Buckley, PJ, Nardelli, Sullivan, Lerner, JJ)

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