RENT OVERCHARGE

Trial Needed to Determine Facts Needed to Calculate Rent Overcharge

January 26, 2021    

Landlord sued to evict unregulated tenants for nonpayment of rent in 2019. Tenants claimed improper deregulation and rent overcharge, and asked the court for a ruling without trial. The court ruled for tenants....

Tenant Can Conduct Pretrial Questioning of Managing Agent about IAIs from 1994

January 25, 2021    

Tenant sued landlord for improper deregulation and rent overcharge. Tenant claimed that the building received J-51 tax benefits, so the apartment couldn't be deregulated under high-rent vacancy deregulation....

Tenant Can Conduct Discovery Concerning IAIs with Counterclaim

January 25, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's monthly rent was $2,367, and tenant owed over $17,000 in back rent. Tenant claimed rent overcharge and asked the court for permission...

Rent Overcharge Calculation Method Modified for Tenant

January 25, 2021    

Landlord sued to evict tenant in 2017. Tenant claimed rent overcharge and improper deregulation. In 2018, the court ruled for tenant, noting landlord's fraudulent scheme to deregulate tenant's apartment. At...

Landlord Submitted No Proof of Claimed IAIs

January 25, 2021    

Tenant sued landlord in 2011, claiming fraudulent improper deregulation of her apartment and rent overcharge. Landlord claimed that the unit had been properly vacancy deregulated. The trial court ruled for tenant,...

Landlord Documented Cost of IAIs

December 18, 2020    

Rent-stabilized tenant complained of rent overcharge in March 2017. The DRA ruled against tenant, who appealed and lost. Landlord had claimed that prior tenant lived in the apartment for 40 years. When prior tenant...

Rent Overcharge Resulted from Landlord's Reliance on Deemed Leases

December 18, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that the base date rent was $1,392 and that landlord was responsible for overcharges plus interest totalling $15,610. Landlord...

Rent Increase for IAIs Paid for by Insurance Proceeds Disallowed

December 18, 2020    

The DHCR's Tenant Protection Unit (TPU) conducted an audit of an apartment's rent based on registered rent showing that a rent increase was based on individual apartment improvements (IAIs). TPU determined...

Triple Damages Properly Applied to Rent Overcharge

December 18, 2020    

Tenant complained of rent overcharge and improper deregulation of his apartment. The DRA ruled for tenant, finding that he was rent stabilized and had been overcharged. Landlord was ordered to refund the overcharge...

Landlord Didn't Prove Cost of IAIs Resulted in Deregulation

December 14, 2020    

Tenant sued landlord and prior landlord, claiming rent overcharge and improper deregulation of her apartment. The trial court ruled for tenant, finding that the proven cost of individual apartment improvements (IAIs...

Improper Deregulation and Rent Overcharge Not Based on Fraud

December 7, 2020    

Tenant complained to the DHCR of rent overcharge. Landlord claimed that tenant was no longer rent stabilized because the building's J-51 tax benefits had expired in 1996. The DHCR ruled for tenant, after looking...

Landlord Reasonably Believed Apartment Was Deregulated

November 23, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR sent the case back to the DRA after HSTPA amended rent overcharge provisions in June 2019 to expand...