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MATTER OF ARGO CORP. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

191 A.D.2d 341 (1993)

595 N.Y.S.2d 760

In the Matter of Argo Corp., Appellant, v. New York State Division of Housing and Community Renewal, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 1993

The imposition of treble damages was proper because Argo did not meet its burden under Rent Stabilization Code (9 NYCRR) § 2526.1 of establishing by a preponderance of the evidence that the rent overcharge was not willful. The record shows that Argo, which admitted the overcharge 18 months after the tenant filed his complaint, never followed through on its promise to DHCR to refund the money to the tenant. These circumstances indicate that Argo "had reason to know that...

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