TRIPLE DAMAGES ORDERED

Landlord Submitted No Proof of Claimed IAIs

January 25, 2021    

Tenant sued landlord in 2011, claiming fraudulent improper deregulation of her apartment and rent overcharge. Landlord claimed that the unit had been properly vacancy deregulated. The trial court ruled for tenant,...

Triple Damages Properly Applied to Rent Overcharge

December 18, 2020    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, finding that he was rent stabilized and had been overcharged. Landlord was ordered to refund the overcharge...

No Proof Overcharge Wasn't Willful

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $16,065, including triple damages. Landlord appealed and lost. Landlord argued that the overcharge wasn...

TPU Audit Led to Overcharge Finding of $87,000

November 23, 2020    

In May 2015, the DHCR's Tenant Protection Unit (TPU) commenced an audit of an apartment rent in landlord's building and, as a result, directed landlord to adjust the legal regulated rent. When landlord didn...

Default Formula Applied Where No Base Date Lease or Rent Ledger Available

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,640, including triple damages. The DRA also set the base date rent as $1,400 per month based on the pre...

1999 Rent Reduction Order Still in Effect

October 28, 2020    

Landlord sued to evict unregulated tenant after sending a 30-day termination notice. The court ruled for landlord after holding an inquest when tenant failed to appear in court. Tenant was evicted in October 2018 but...

Landlord Didn't Reduce Legal Rent While Complaint Was Pending

September 26, 2020    

Rent-stabilized tenant complained of rent overcharge in 2016. The DRA ruled for tenant in October 2019, applying a six-year lookback period based on HSTPA changes to rent overcharge law. The DRA ordered landlord to...

Triple Damages Due on Rent Overcharge Due to Incomplete Refund

August 26, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $12,954, including triple damages. Tenant appealed to the DHCR and lost, then filed an Article 78 court...

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...