Sendowski v. New York State Division of Housing & Community Renewal

OPINION OF THE COURT

Tom, J.

In this appeal, we are called upon to decide whether the conduct of a building owner in failing to register a vacant rent-stabilized apartment in 1985 and thereafter charging the tenant lawfully calculated rent increases constituted a willful overcharge so as to warrant the imposition of treble damages pursuant to Rent Stabilization Code (9 NYCRR) § 2526.1 (a) (1). The issue must be addressed in the context of respondent agency’s own memorandum, which directed that such damages should not be imposed.

Petitioner Janusz Sendowski is the owner of the residential…