TRIPLE DAMAGES ORDERED

Landlord Failed to Document IAI Rent Increases

April 28, 2020    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant. Landlord appealed and lost. The trial court properly found that landlord sought rent...

New Landlord Must Pay Triple Damages Even if Prior Landlord Collected Overcharge

March 18, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, applied a six-year lookback period, and ordered landlord to refund $16,000, including triple damages. Landlord appealed and lost....

Overcharge Finding Applied Triple Damages to Extended Look-Back Period

February 24, 2020    

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. The court ruled for tenant, declaring that he was entitled to a rent-stabilized lease and an overcharge refund to be...

Failure to Obtain Lease Records at Building Purchase No Defense

December 18, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $31,500, including triple damages. Landlord appealed and lost. Landlord argued that it didn't own the building at the...

Partial Refund Insufficient to Prevent Triple Damages

December 17, 2019    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA ruled for tenant and ordered landlord to refund $13,000, including triple damages. Landlord appealed and lost. A pre-base date lease...

Garage Overcharges Based on Default Formula Included Triple Damages

December 17, 2019    

Rent-stabilized tenants complained of rent overcharge in connection with building parking charges. The DRA ruled for tenants after landlord failed to answer the complaint and directed landlord to refund $18,000 for a...

Court Applies Six-Year Statute of Limitations to Overcharge Counterclaim in Pending Case

December 16, 2019    

Landlord sued to evict rent-stabilized tenant after tenant refused to renew his lease. Tenant claimed rent overcharge. After trial in 2019, the court gave the parties six weeks to submit written post-trial memos....

Landlord Didn't Give New Tenant a Lease

December 16, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant in 2016. Landlord appealed and lost in 2017. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was...

Court Applies Default Method to Determine Rent Overcharge

November 21, 2019    

Tenants sued landlord, claiming improper apartment deregulation and rent overcharge. The court ruled for tenants in 2017, determined that they were rent stabilized, ordered landlord to give them a rent-stabilized...

Court Applies HSTPA Amendments to Rent Overcharge Claim in Pending Case

October 23, 2019    

Landlord sued to evict SRO tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. The court ruled for tenant. Landlord's failure to register the apartment barred...

Tenant's Delays and Errors in Rent Payments Didn't Excuse Willful Rent Overcharge

September 24, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $3,110, including triple damages and interest. Landlord appealed and lost. Landlord argued that there...

Rent Overcharge Wasn't Hyper Technical and Resulted in Triple Damages

August 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $9,309, including triple damages and interest. Landlord appealed and lost. Although the legal rent for the...