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SENDOWSKI v. DHCR

227 A.D.2d 55 (1996)

651 N.Y.S.2d 448

In the Matter of Janusz Sendowski, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and Russell Stein et al., Intervenors-Respondents

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

December 17, 1996

Attorney(s) appearing for the Case

David B. Cabrera of counsel (Horing, Welikson & Bienstock, P. C., attorneys), for appellant.

Carl Eckstein of counsel (Leslie R. Byrd, attorney), for respondent.

ELLERIN, J. P., WALLACH, KUPFERMAN and NARDELLI, JJ., concur.

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...

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