Triple Damages Revoked

March 1, 1993

LVT Number: 6796

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant objected to landlord's 1984 rent registration, claiming a rent overcharge. The DRA ruled for tenant, found that the overcharge was willful, and ordered landlord to pay tenant triple damages. Landlord appealed, arguing that the overcharge resulted from piggybacking a second guidelines increase in tenant's vacancy lease. The DHCR revoked the triple damages.

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant objected to landlord's 1984 rent registration, claiming a rent overcharge. The DRA ruled for tenant, found that the overcharge was willful, and ordered landlord to pay tenant triple damages. Landlord appealed, arguing that the overcharge resulted from piggybacking a second guidelines increase in tenant's vacancy lease. The DHCR revoked the triple damages. It's DHCR policy that if landlord incorrectly charges a second guidelines increase during the same guidelines period, any resulting overcharge will not be deemed willful

[84-25 Elmhurst Associates: DHCR Adm. Rev. Dckt. No. BF 110226-RO (1/28/93)]. 3-page document.

Downloads

BF110226-RO.pdf151.88 KB

Topics

More like this