Justice Alexander Hunter Jr.
Petitioner owner sought to reverse a denial of Petition for Administrative Review (PAR), and reversing treble damages assessed. Lam, a tenant in owner's single room occupancy building, filed an overcharge complaint with Division of Housing & Community Renewal (DHCR) alleging owner wrongfully increased her rent. DHCR found owner failed to submit requested evidence, determining owner was not entitled to a rent adjustment, and imposed treble damages for overcharges. PAR was denied, and the court found, contrary to owner's contentions, DHCR's record contained documents owner submitted to the Rent Administrator. The court ruled DHCR rationally and properly found owner charged and collected rent overcharges from Lam as owner failed to submit evidence that 85 percent of the total units of the premises were occupied by rent stabilized tenants as required by Hotel Order No. 38. Therefore, the court concluded DHCR's determination was not arbitrary or capricious, and the decision denying owner's PAR will not be disturbed. Hence, owner's application to reverse treble damages was also denied.
