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treble damages

NYC Housing Court Practice/Procedures

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treble damages

Postby chilly » Mon Dec 10, 2012 8:09 pm

If a tenant is awarded treble damages, is the money paid by the landlord or is a lien taken against the property?

If treble damages are awarded and the landlord has not appealed, how long will it take for a tenant to get the money?
chilly
 
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Joined: Sat Dec 01, 2012 2:45 pm
Location: new york

Postby Jezebel » Mon Dec 10, 2012 11:58 pm

It seems that a lot of the questions you're asking are very broad, and in this case, not necessarily specific to landlord/tenant litigation, which may be why you're not getting much of a response.

If you don't settle your case before you go to trial (which is, as the name implies, what the resolution part is all about -- trying to get you to settle before trial) and if you prevail with your overcharge case against your landlord, and if that judgment includes an assessment of treble damages, then I imagine collecting on that judgment would follow the same steps involved in collecting on any civil judgment in NY.

It may be putting the cart before the horse, though, as proving the overcharge is a pretty huge hurdle and there are probably quite a few more steps before you get there.
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Postby chilly » Tue Dec 11, 2012 7:11 pm

Thank you for your reply Jezebel. While I understand how it may come across as "putting the cart before the horse", I am just curious about what the process is for collecting damages. My landlord is not interested in settling and we are scheduled for trial next month. I am aware of how difficult it is to prove a rent overcharge but would still like to get more information about how damages are awarded. Specifically, I would like to know how many chances the landlord has to appeal the decision and how damages are collected.
chilly
 
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Joined: Sat Dec 01, 2012 2:45 pm
Location: new york


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