Willful Overcharge

LVT Number: 9149

The DHCR found landlord had overcharged tenant and awarded triple damages. Landlord appealed, and the trial court dismissed the triple damage award. The DHCR appealed, and the appeals court reinstated the triple damages. Landlord couldn't prove that the overcharge wasn't willful.

The DHCR found landlord had overcharged tenant and awarded triple damages. Landlord appealed, and the trial court dismissed the triple damage award. The DHCR appealed, and the appeals court reinstated the triple damages. Landlord couldn't prove that the overcharge wasn't willful.

Matter of Wai Leung Chan: NYLJ, p. 24, col. 5 (9/2/94) (App. Div. 2 Dept.; Lawrence, JP, Altman, Friedmann, Krausman, JJ)