Opinion
2014-05-15
Ajet DELAJ, et al., Plaintiffs–Appellants, v. BRONX PARK EAST HOUSING, INC., Defendant–Respondent.
The Price Law Firm, LLC, New York (Joshua C. Price of counsel), for appellants. Matthew D. Kasper, White Plains, for respondent.
The Price Law Firm, LLC, New York (Joshua C. Price of counsel), for appellants. Matthew D. Kasper, White Plains, for respondent.
MAZZARELLI, J.P., ANDRIAS, DeGRASSE, MANZANET–DANIELS, FEINMAN, JJ.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about July 15, 2013, which, insofar as appealed from, denied plaintiffs' motion for treble damages upon the finding of a rent overcharge, unanimously reversed, on the law, without costs, the motion granted, and the case remanded for the imposition of treble damages.
Defendant made no effort to rebut the presumption of wilfulness arising from the finding that it overcharged plaintiffs for rent during the 30 months ending July 31, 2012 ( see Rent Stabilization Law of 1969 [Administrative Code of City of N.Y.] § 26–516[a]; see e.g. Matter of 10th St. Assoc., LLC v. New York State Div. of Hous. & Community Renewal, 110 A.D.3d 605, 605, 973 N.Y.S.2d 619 [1st Dept.2013] ). Indeed, defendant did not deny that it continued to overcharge plaintiffs after a prior court order had determined the correct legal rent.