RENT OVERCHARGE

RENT OVERCHARGE

Rent-Controlled Tenant Gets Overcharge Award with Triple Damages

March 16, 2019    

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. Tenant pointed to a 1976 DHCR rent reduction order. Landlord argued...

Pre-2014 Version of RSC Preferential Rent Provision Applied to Overcharge Claim

February 27, 2019    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and reduced his rent, finding that a preferential rent was tenant's legal rent because landlord failed to preserve a higher legal...

Landlord Must Refund Overcharges to All Tenants Even Though Only One Complained

February 26, 2019    

Tenant complained of rent overcharge and improper deregulation of a rent-stabilized apartment. Tenant moved into the apartment on July 15, 2014, under a one-year lease for $2,600 per month. The DRA ruled for tenant...

No Proof of Preferential Rent on Base Date

February 26, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $5,337, including triple damages. Landlord appealed and lost. Landlord didn't submit copies of any leases or ledgers...

Landlord Must Refund Tenant Over $800,000 in Rent Overcharges

February 26, 2019    

Tenant sued landlord, claiming rent overcharge and improper deregulation of a rent-stabilized apartment. The court ruled for tenant. The apartment had been last registered as rent stabilized in 2002 at a rent of $1,...

Rent Overcharge Resulted from Improper Deregulation While Building Under J-51

February 25, 2019    

Tenant sued landlord, claiming that his apartment was improperly deregulated while the building received J-51 tax benefits. Tenant also claimed rent overcharge. The court ruled for tenant in part. Tenant's...

No Pre-Base Date Rent History Investigation Permitted for Deregulated Unit

February 25, 2019    

Tenant complained of rent overcharge and improper deregulation of his apartment, which she claimed was rent stabilized. The DRA ruled against tenant, who appealed and lost. Landlord deregulated the apartment based on...

No Overcharge Despite Incorrect Legal Regulated Rent

February 25, 2019    

Rent-stabilized tenant complained of rent overcharge. Landlord charged tenant a preferential rent on the 2012 base date, and both the legal regulated rent and preferential rent were listed in tenant's base date...

Landlord Properly Set Initial Rent-Stabilized Rent

February 25, 2019    

Tenant complained of rent overcharge. His monthly rent was $1,720.80. The DRA ruled against tenant, who appealed and lost. The building was newly constructed, and tenant was the first tenant to move into the...

No Rent Overcharge Found Under Four-Year Rule

February 21, 2019    

Tenant sued landlord for rent overcharge based on landlord's failure to charge rent-stabilized rents while receiving J-51 tax benefits. The court granted landlord's request to dismiss the case without a trial...

On-Time Discount Rent Clause Is Invalid

January 28, 2019    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $13,919, including interest.

Overcharge Resulted from Collection of Owner-Affiliated Broker's Fee

January 28, 2019    

Rent-stabilized tenant complained of rent overcharge, claiming that she was charged an illegal broker's fee, application fee, key charge, and excessive late fees. The DRA ruled for tenant based on a prior DHCR...