4947 Assoc. v. New York State Div. of Hous. & Community Renewal

In 4947 Assoc. v. New York State Div. of Hous. & Community Renewal (199 A.D.2d 179 [1993]) the First Department affirmed DHCR's imposition of treble damages on the succeeding owner, holding that said owner should have known that the prior owner had violated the Rent Stabilization Law. In that case, the owner offered no proof to sustain its burden of showing that its rent overcharge was not willful. Moreover, DHCR records showed that the charged rent was nearly double that of similar apartments in the same line in the building. Under the circumstances, the Court held, the landlord must have known from its own rent rolls that the rent was excessive. (Id.)