Billings v. Freewalt Realty Corp.

Plaintiffs, former tenants whose lease has expired, sued for a rent overcharge, including counsel fee and treble damages. The court awarded the actual difference and $100 counsel fee.

Considering first the tenants’ appeal — The question is whether the alleged overcharge was willful. The tenants notified the landlord that the rental specified in the lease was in excess of the registration with the Bent Commission. The landlord replied that the premises were decontrolled, a position it has consistently maintained. Neither party applied to the Bent Commission for any relief. Each claims it was…