Tenant complained to the DHCR of rent overcharge, claiming that her apartment had been fraudulently deregulated. The DRA ruled against tenant, who appealed and lost. The building had been subject to J-51 tax benefits since at least the 2011 base date. These benefits expired as of Feb. 24, 2017. The Nov. 15, 2016 vacancy lease […]

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant and directed landlord to refund $168,000, including triple damages. Landlord appealed and won in part. The DHCR affirmed the DRA’s denial of any individual apartment improvement (IAI) increase based on landlord’s failure to submit documentation. But the DHCR added a longevity […]

Tenant complained to the DHCR in 2017, claiming rent overcharge and improper deregulation of his apartment. The DRA ruled against tenant, who appealed and lost. The DRA correctly found that tenant’s apartment was newly created in 2016 and was registered as rent-stabilized by landlord. Since there was no reliable prior rent history for the new […]

Tenant in a 421-a building complained to the DHCR in 2024, claiming rent overcharge and fraud. He had lived in the apartment since 2010, currently paid $3,938 per month, and claimed there were rent reduction orders, illegal fees and surcharges, missing rent registrations, and an excessive security deposit. He also claimed fraud by the landlord […]

Rent-stabilized tenant complained to the DHCR of rent overcharge in 2020. The DRA ruled for tenant and found a total overcharge of $1,647, including triple damages. Since tenant’s rent arrears were $7,350, no overcharge refund was due.   Landlord appealed and lost. Landlord pointed out that, under tenant’s two-year vacancy lease on Jan. 30, 2019, […]

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that tenant paid monthly rent of $1,763 in 2017 when the collectible rent was $1,300. The DRA found an overcharge of $11,025, including interest. But no refund was due since tenant owed rent arrears.   Landlord appealed and lost. Landlord argued that an […]

Rent-stabilized tenant filed a specific rent overcharge complaint with the DHCR concerning illegal fees for water usage. The DRA ruled for tenant. NYC owners are not allowed to charge tenants for water usage in rent-stabilized apartments. The DRA directed landlord to refund $1,540 for water fees from May 2021 through November 2023, assessed triple damages, […]

Rent-stabilized tenant complained of rent overcharge. The DRA found no overcharge, after adding a vacancy allowance, longevity increase, and a monthly increase of $412.50 for individual apartment improvements (IAIs) to the prior legal rent.   Tenant appealed, and the case was reopened, despite landlord’s claim that tenant owed $79,000 in back rent. Tenant claimed that […]

A new tenant complained to the DHCR in 2023 of rent overcharge and fraudulent deregulation. Tenant’s monthly rent was $3,100 while the last registered rent was $1,267 in 2011. The DRA ruled for tenant, finding evidence pointing to a fraudulent scheme to deregulate the unit. The DRA applied the statutory default formula to reduce the […]

Rent-stabilized tenant filed a specific rent overcharge complaint with the DHCR in 2023, stating that landlord’s failure to register the apartment since 2006 froze the collectible rent at the amount in effect in 2005. The DRA ruled against tenant, finding that the base rent date for tenant’s complaint was November 2017. Tenant appealed, arguing that […]