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MATTER OF MAYA REALTY ASSOCIATES v. HOLLAND

261 A.D.2d 405 (1999)

689 N.Y.S.2d 211

In the Matter of MAYA REALTY ASSOCIATES, Appellant, v. JOSEPH HOLLAND, as Commissioner of the New York State Division of Housing and Community Renewal, Respondent.

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

Decided May 3, 1999.

Ordered that the judgment is affirmed, with costs.

Administrative Code of City of New York § 26-516 (a) provides that in the case of a rent overcharge, the landlord will be liable to the tenant for a penalty equal to three times the amount of the overcharge unless the landlord establishes that the overcharge was not willful (see, Matter of Century Tower Assocs. v State of N. Y. Div. of Hous. & Community Renewal, 83 N.Y.2d 819

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