Court of Appeals of New York

In these putative class actions, plaintiffs are current or former tenants seeking damages for rent overcharges. Order of the Appellate Division reversing the Supreme Court dismissal of plaintiffs' complaint and reinstating the complaint is affirmed, where: 1) CPLR 901(b) permits otherwise qualified plaintiffs to utilize the class action mechanism to recover compensatory overcharges, even though Rent Stabilization Law (RSL) section 26-516 does not specifically authorize class action recovery and imposes treble damages upon a finding of willful violation; 2) the recovery of the base amount of rent overcharge constitutes actual, compensatory damages, not a penalty; and 3) it does not contravene the letter or spirit of the RSL or CPLR 901(b) to permit tenants to waive treble damages in these circumstances.

Appellate Information

• Decided 11/24/2014
• Published 11/24/2014

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel