TRIPLE DAMAGES DENIED

No Triple Damages Where Landlord Issued Rent Credit

December 16, 2014    

(Decision submitted by Karen Schwartz-Sidrane of the Rockville Centre law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.)

Rent Frozen by Rent Reduction Order Issued Under Rent Control

November 25, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $56,000, including triple damages. Landlord appealed and won, in part. The overcharge finding resulted...

Landlord Relied on DHCR Interpretation of High-Rent Vacancy Under J-51

November 24, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $38,700, including interest. Tenant appealed and lost. Tenant claimed that the DRA used the wrong base...

No Triple Damages for Overcharge Resulting from Old Rent Reduction Order

November 24, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant. There was an outstanding rent reduction order dated Dec. 21, 1990, that was still in effect on the base rent date of July 13, 2005. So...

No Triple Damages Where Overcharge Resulted from Rent Freeze for Failure to Register Rent

November 24, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge based on landlord's failure to register tenant's apartment for certain years. Tenant's rent was...

Landlord Charged First Rent After Base Date Exemption

October 27, 2014    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund the overcharge with triple damages. Landlord appealed and won, in part. The apartment was temporarily exempt on...

Triple Damages Revoked Due to Overcharge Refund

October 22, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $60,000, including triple damages. Landlord appealed that portion of the order that assessed triple...

No Triple Damages Where Overcharge Refunded Before DHCR Ruling

October 22, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $2,900, including triple damages. Landlord appealed, claiming that there was no willful overcharge. The...

Tenant Rejected Landlord's Refund While Complaint Pending

October 17, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund over $32,000, including triple damages. Landlord appealed, claiming that the overcharge wasn't willful...

No Willful Overcharge Where Attorney Negotiated Initial Rent

September 26, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered a refund that included triple damages. Landlord appealed and won, in part. Tenant was represented by an attorney when she and...

Landlord Refunded Overcharge After Complaint

September 26, 2014    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found that the overcharge was willful. Landlord appealed and won. Landlord claimed that there was no willful overcharge. It admitted...

Landlord Ordered to Refund $93,000 Overcharge

September 26, 2014    

Rent-stabilized tenant sued landlord in December 2008 for rent overcharge. A prior landlord had sold the building in 1998 and, by agreement, received a rent-stabilized lease for the apartment at a lifetime rent of $...