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Overcharge or overpayment?

Posted by Anna on April 29, 1999 at 09:16:01:

Here's a question from a rent-stab NYC tenant that I could not answer:

LL bills T at a rate higher than the legal regulated rent: this is an 'overcharge' according to the common and dictionary usage of that word.
T does not pay the 'overcharge', pays only the legal rent: LL sues many months later.

The statutes clearly state 'overcharge', not 'overpayment': but all cases seem to discuss 'refund', which requires payment.

Shouldn't 'treble damages' for two years apply to the unpaid overcharge? This is important because of the four-year rule. Any cases to point to?


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