RENT OVERCHARGE

RENT OVERCHARGE

DHCR Properly Made Landlord and Tenant Responsible for Overcharge

October 29, 2018    

Landlord rented a rent-stabilized apartment to tenant in 1995, and periodically renewed the lease through 2007. Tenant was a business entity. In 2003, tenant''s rent was $1,524 per month, but tenant sublet...

Initial Rent Under HDC Regulatory Agreement Couldn't Be Preferential Rent

October 29, 2018    

Tenant complained of rent overcharge in 2015.

Rent Overcharge Resulted from Outstanding Rent Reduction Order

October 29, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $51, including interest. Tenant's rent had been frozen at $428 based on a rent reduction ordered...

Landlord Omitted Legal Regulated Rent from One Renewal Lease

October 29, 2018    

Rent-stabilized tenant complained of rent overcharge. Landlord claimed that tenant paid a preferential rent and that there was no overcharge. The DRA ruled for tenant and found a total overcharge of $5,400, including...

Landlord Didn't Prove Tenant Paid Preferential Rent

October 29, 2018    

Tenant complained of rent overcharge. The DRA ruled for tenant and found that because landlord failed to establish that there was a previously higher legal rent, the monthly $910 rent paid on the April 20, 2012, base...

Tenant Can't Challenge 1999 Rent Increase

October 29, 2018    

Tenant complained of rent overcharge and claimed that his apartment was improperly deregulated. The DRA ruled against tenant, who appealed and lost. Tenant filed his complaint in September 2014, claiming that a...

Overcharge Finding Revoked Where Landlord Proved Costs Spent for IAIs

October 29, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and directed landlord to refund $53,700, including interest. Landlord appealed and won. Landlord claimed that the DRA incorrectly...

Tenant's Overcharge Claim Based on 1988 Rent Increase Dismissed

October 28, 2018    

Rent-stabilized tenant sued landlord, claiming that he had been overcharged rent since he moved into the apartment in 1988. Landlord claimed that there was no rent overcharge and argued that there was no reason to...

Court Dismisses Tenants' Overcharge and Improper Deregulation Claims

October 28, 2018    

Tenants sued landlord for improper rent deregulation, fraud, and rent overcharge. Landlord asked the court to dismiss the complaint, arguing that the DHCR had primary jurisdiction to determine the issues raised by...

Tenant's Leases Contained No Record of Preferential Rents

October 28, 2018    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $8,224, including triple damages and excess security deposit. Landlord appealed and lost. Landlord claimed...

Rent Overcharge Must Be Calculated Using Default Method

October 8, 2018    

Tenant sued landlord, claiming rent overcharge and fraud because his apartment was improperly deregulated while the building received J-51 tax benefits. The court ruled for tenant, finding that landlord engaged in a...

Four-Year Rule Applied Where No Indication of Fraud

September 26, 2018    

Rent-stabilized tenant complained of rent overcharge. Tenant claimed that he had a preferential rent and that landlord committed fraud. The DRA found no overcharge and dismissed the complaint, finding no preferential...